• Safety against Bigamy

Hi,

What precautions should be taken to save myself from charges of Bigamy?
Asked 6 years ago in Family Law
Religion: Hindu

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20 Answers

Only precaution you need to take is not to get married during the subsistence of first marriage. Period.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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;

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Yes, it's bigamy but it will be called as void marriage and not have any trouble except you any wife complaints against you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See there should be no proof of second marriage in validity of the first marriage. Like marriage photographs, or any registration of marriage. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if there is no proof of marriage only child is there then also it shall not directly constitute the bigamy.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- 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,

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The precautions to be taken to avoid bigamy, you should not marry the other female, you can live with her without marrying her.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

For bigamy existence of your second wife or woman in relationship in nature of wife is necessary. 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

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.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Bigamy is 2nd marriage solemnized while subsistence of  previous marriage. Having child, living with parents is not evidence to prove bigamy.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Evidence of marriage will be considered as proof of bigamy.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In case of live-in relationship, bigamy is not attracted

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

The precautions against bigamy is that don't create any evidence of your second marriage and if you have some photographs then it will be better to destroy them.

Yes if some child born out of the wedlock and your parents are living with that lady then they can fulfil the ingredients of bigamy. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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