A person can be prosecuted for bigamy by filing a criminal complaint in the court of the Judicial Magistrate in the place of the first wife's residence. Documentary evidence, including a photograph of the second marriage, must be provided. An application to the High Court may also be made for an order of arrest if the accused evades court summons/notices.
Husband remarried without divorce
My sister's husband has remarried without divorcing her. We have a picture of him attending a gathering with his 2nd wife as evidence. My sister is currently residing with her parents in Bangalore (Karnataka). Whereas, the husband resides in his hometown in UP. We have DV & 498a cases running here in Bangalore which he attends once in a while. I wanted to understand what all legal remedies we have for his bigamy? Can we file a criminal complaint against him from Bangalore itself? Or does it need to be done from UP? would it be a jusrisdiction issue if we file it in Bangalore? What's the procedure to file this complaint? Can we have this bigamy complaint attached to 498a case which currently is in evidence stage in Bangalore? Also, what all evidences we need to have for filing the case/complaint. He has remarried secretly and obviously, we don't have any direct witnesses to this. Also, he refuses to accept court summons/notices issued from family court and everytime files exemption petition and never appears in 498a case..Can we file some application in high court against this?
Asked 1 year ago in Family Law
Religion: Hindu
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10 Answers
The Court within whose territorial jurisdiction, second marriage was solemnized -- This part is in harmony with Section 177 of the Code.
ii) The Court within whose territorial jurisdiction the complainant wife last resided / cohabited with the offending husband.
iii) The place where, she has taken up permanent residence after the second marriage of offending husband.
Complaint can be filed in Bangalore
Dear client I am sorry to hear that but in this case you can file a case against your husband for bigamy alongside the 498a complaint.
Just seen him with another female in a social gathering will not be termed as that he has married her, do you have evidence for the marriage?, if not then on what basis you will file the proposed private criminal complaint for the offences of bigamy against him.
If you have substantial evidence then she can file the case at Bangalore itself.
To know about the procedures to file the proposed criminal complaint, you may take the assistance of an advocate.
This criminal complaint cannot be merged with another pending criminal case.
Moreover that criminal case is prosecuted by police, and this shall be prosecuted by her directly through a private criminal complaint.
The documentary evidences to prove his marriage, namely wedding ceremony etc and any eye witness are required in order to enable the court to this complaint on its file.
If he is properly represented by his advocate then there is no case liable against him, besides high court will not entertain any such application.
You can file case of bigamy against her.yes you can frame charges by adding the bigamy charges. You can issue warrant against him if no one appears
Yes, you can give a complaint against him for bigamy in the court concerned along with the proceedings already going on.
I have got the marriage ceremony pictures of him getting married without divorcing me. Would it be a sufficient evidence for filing private complaint of bigamy & cheating in court? My parents stay in Bangalore(Karnataka). However, I work in Uttarakhand. Husband & in-laws stay in Kushinagar (UP). I approached some advocates in Bangalore to file a private complaint but they all have advised me to file it in the jurisdictional court where the 2nd marriage took place (in Kushinagar UP -- my in-law's place). Travelling alone to Kushinagar(UP) isn't safe for me. Moreover, advocates here are advising to not file it in Bangalore & Uttarakhand either as the case will get dismissed because of jurisdictional issues. They also say that other state's police will not take-up the matter and will file closure report. It'll be waste of time & money. Earlier, I had got the HMA Section 9 case transferred to Allahabad (UP) from Kushinagar (UP) that was filed by my husband thru Allahabad HC via TACL. Can I on this ground file the private complaint in the court of Allahabad (UP) itself? Also, can I file some kind of WP in Allahabad HC praying for the registration of private complaint in Allahabad (UP)?. From where should I file this complaint so that it doesn't get rejected? please advise.
Asked 1 year ago
You can file the same where you have married or resided with him after marriage in India
You can file private complaint before magistrate court based on evidence in your possession
2) you can file complaint in Bangalore as you are residing in Bangalore
3) you can in alternative file it in Kushinagar UP
4) then file writ to transfer complaint to Allahabad
You have to file the private criminal complaint case in the place where cause of action arose for this case.
A case filed in this regard at any place other than the place where the cause of action took place may not be entertained.
The marriage ceremony pictures you have may serve as evidence to support your allegations of bigamy and cheating. However, the court will consider all the evidence presented before making a final decision.
Regarding the jurisdictional issues, it is true that the court where the offence took place has jurisdiction over the matter. Therefore, it would be advisable to file the private complaint in the court where the second marriage took place (Kushinagar, UP).
If you are concerned about your safety while traveling to Kushinagar, you may consider hiring a local lawyer to represent you or requesting the court to conduct the proceedings through video conferencing. You may also seek police protection while traveling to Kushinagar.
Regarding filing the complaint in Allahabad, you may approach the Allahabad HC to seek transfer of the case to a court within their jurisdiction. However, this may depend on the specific laws and rules applicable in the jurisdiction. It is advisable to consult a local lawyer in Allahabad to determine the appropriate course of action.
As for filing a writ petition, it may be possible to file a writ petition in the Allahabad HC if you can establish that your fundamental rights have been violated or if you can establish that there has been an abuse of process by the authorities.
It is important to note that filing a private complaint involves certain legal procedures and requirements that must be followed. Therefore, it is advisable to seek the guidance of a competent lawyer to assist you in filing the complaint and navigating the legal system.