Only precaution you need to take is not to get married during the subsistence of first marriage. Period.
Hi, What precautions should be taken to save myself from charges of Bigamy?
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Only precaution you need to take is not to get married during the subsistence of first marriage. Period.
I am asking - what evidences constitute to evidence of second marriage? (e.g. if a child is born is it bigamy? if my parents stay there with my second woman, is it bigamy?)
You cannot remarry during subsistence of earlier marriage
if you do so your spouse can file case of bigamy against you under section 494 of IPC
3) in order to hold a person guilty of bigamy beyond reasonable doubt, the essentials of the second marriage ceremony were required to be proved and in the absence of such proof, the accused cannot be convicted;
Yes, it's bigamy but it will be called as void marriage and not have any trouble except you any wife complaints against you.
See there should be no proof of second marriage in validity of the first marriage. Like marriage photographs, or any registration of marriage.
See if there is no proof of marriage only child is there then also it shall not directly constitute the bigamy.
- Second marriage with the consent of the First wife is also void.
- under section 11 of the Hindu Marriage Act, consetn of First wife has no value in the eye of the law.
- Hence, only the First wife can file the Bigamy case against you. But mere knowledge is not enough for bigamy, Second wife will have to proved the ceremation of marriage,
If you are married to anyone and their evidences available then a case of bigamy may be registered against you as your parents are living with that lady along with you it cannot be live in relationship and can be easily proved that you are my to this woman in case you want to save yourself from bigamy case then you leave that to live along with your parents this lady and live separately so that other people may be convinced that you are still in live in relationship and the child is born and you intend to marry the woman you are living with as soon as possible after clearance of your divorce
The precautions to be taken to avoid bigamy, you should not marry the other female, you can live with her without marrying her.
The ingredients what you have mentioned do not constitute bigamy, the proof of your marriage with her by a marriage certificate or through witnesses who witnessed your second marriage may constitute the ingredients for the bigamy offence.
Having a child out of wedlock or living together is not considered as bigamy.
Bigamy is marrying again when either party has a husband or wife living, unless divorce is granted before such remarriage.
1. Do not commit bigamy. This is the fundamental precaution.
2. If a child is born it bears testimony to the act of bigamy and then onus will be on accused to rebut this presumption.
3. Staying of parents with second woman can also be a link in the chain of circumstantial evidence.
Dear Sir,
Under Indian Penal Code- If a man marries for the second time when there is already an existing married relationship with his first wife- it amounts to BIGAMY and is a punishable offence; IT ATTACHES CRIMINALITY.
Second marriage is void under law since it has taken place during the life of first wife.
The husband can be punished for a term of up to seven years; and, if the first marriage is concealed up to ten years and also be liable to fine.
However, there are certain exceptions which depend on case to case.
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Bigamy is 2nd marriage solemnized while subsistence of previous marriage. Having child, living with parents is not evidence to prove bigamy.
1. Do not marry the other woman.
2. You can live together since adultery is no longer considered as an offence u/s497 of IPC.
Consummating 2nd Marriage, during the subsistence of 1st Marriage is illegal and void and same amounts to offence of Bigamy. There is no judgment required, since Section 494 IPC is clear.
This is my response to you:
1. Divorce your first wife;
2. Obtain the decree;
3. Otherwise this will complicate your life very much;
4. The evidence for second marriage will be photos, witness statements etc.;
5. Consult a local lawyer, discuss full facts and take steps.