No proof or witness of my marriage. How to stop husband from marrying?
I am married. But there is no witness or proof of my marriage. Now my husband is marrying another girl since his parents didn't accept me. Can I stop him legally?
If your husband denies the marriage between two of you and you can give prima facie proof that he had physical relations with you, that will amount to rape.
Moreover you can file a case for bigamy , as while lodging a criminal complaint it is not necessary for the aggrieved party to prove that marriage ceremonies were performed. It is for the trial court to decide the veracity of the allegations, the Supreme Court has held.
The Supreme Court further said that in criminal cases, courts cannot quash the charge sheet on the mere plea of the accused that there is no truth in the allegations.
"It has to be borne in mind that while considering the application for quashing of the charge sheet, the allegations made in the first information report (FIR) and the materials collected during the course of the investigation are required to be considered. Truthfulness or otherwise of the allegation is not fit to be gone into at this stage as it is always a matter of trial. Essential ceremonies of the marriage were gone into or not is a matter of trial.”
Hence you can file a criminal complaint if he is going to commit the offence of bigamy.
However, the offence of bigamy is hard to establish in a court of law if there is no independent and conclusive proof of a previous marriage.
As you have stated that there is no witness or proof of your marriage, this will be a little difficult for you. But we can suggest the following ways:
First of all, if you are married to him, then the marriage can either be in a mandir or a court marriage. Assuming that if you were married in a mandir, where some pandit must have performed your rites and ceremonies, the same pandit can be a witness to your marriage.
Further you can prove that you have been living with him under one roof and that the marriage was duly consummated. You can also adduce other circumstantial evidence to collectively and conclusively prove that you are married.
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