quesNo 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?


  • ans


    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.


  • File Mutual Consent Divorce @ Rs. 25,000/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Divorce lawyers in India

Similar questions

I need to apply to divorce on the grounds of - 1. A jobless husband…
18 month ago we get love marriage , but after 7 day of marriage we…
My husband has filed for restitution but I don' t want to go because of…
I am working in private firm and my wife is in government job her salary…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Dr.Gubbi S Subba Rao

  K G Road
 Experience: 31 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly