Procedure to file a case against for bigamy having sufficient proof

Question

Procedure to file a case against for bigamy having sufficient proof

31-Jan-2023 (In Criminal Law)

A married man (registered marriage with first wife) in a relationship and a child was born out of the relationship. They never performed marriage rituals neither claimed to be husband and wife. In Baby's birth certificate, the name of the married man is given as father's name. So, if the first wife files for bigamy, can she prove bigamy with the child's birth certificate? Religion Hindu

Answers (4)

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Gautam Sharma
Is there any case law for supporting birth certificate as bigamy

Adv. Subhendu Hazra Adv. Subhendu Hazra

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LawRato LawRato · Accepted Answer · 2018-02-09T13:12:14+05:30

Answer #2

Yes definitely, I guess the first wife is planning for a divorce and she can easily do so by consulting an advocate and filing an application praying for divorce on grounds of bigamy and therein the baby's birth certificate and other proof can be annexed.

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Advocate Suvajit Ghosh Dastidar LawRato · Accepted Answer · 2018-02-09T20:09:05+05:30

Answer #3

It is not crystal clear who is the baby's mother?If you have sufficient prove that your husband is engaged in adultary then you can easily file a suit for adultery but remember 1 thing adultery is difficult to prove.You require other proof's also in support of your allegation apart from birth certificate. Thanks.

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Adv. Suvajit Ghosh Dastidar Adv. Suvajit Ghosh Dastidar

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Advocate Sanjoy Acharjee LawRato · Accepted Answer · 2018-02-19T09:23:11+05:30

Answer #4

May be or may be not. You can try to prove by showing the birth Certificate of that baby, the person whose name has been enlisted in the Father Column is his father whereas, he did not perform marriage ritual with the mother of that baby. But as the birth certificate shows the father and mother of that baby was the lady and the said Person. That's why it will be presume that the lady is the 2nd wife of that man. On the other hand, if the man stated that, he did not know the baby and said lady. his name was enlisted due to mistake. he has no information in this regard. Then can you proof that the lady is the 2nd wife of that man? For bigamy Marriage is required to be prove. either by Certificate, or by Photos etc.

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Adv. Sanjoy Acharjee Adv. Sanjoy Acharjee

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