Husband married another women without divorce What action can I take

108 votes

It seems that you have been subjected to domestic violence and your husband has engaged in bigamy by marrying another woman while still being married to you. Bigamy is an offence under sections 494 and 495 IPC. To prove bigamy, you will need to gather evidence that establishes the existence of two valid marriages by your husband. Here are some types of evidence that can be helpful in proving bigamy:

1. Marriage certificates: Obtain copies of the marriage certificates for both your marriage with your husband and any subsequent marriage that he may have entered into. These certificates can serve as official proof of the marriage.

2. Witness statements: If you are aware of individuals who witnessed the subsequent marriage or have knowledge of your husband's relationships, their statements or testimonies can be valuable evidence. These witnesses can provide details about the ceremonies, dates, and locations of the subsequent marriage.

3. Photographs or videos: If you have access to any photographs or videos that depict your husband's subsequent marriage, they can serve as evidence. Look for visual documentation of the ceremonies, including your husband's presence and participation.

4. Public records: Conduct research to identify any public records or official documents that may indicate your husband's subsequent marriage. This can include marriage registration records, divorce records, or any other legal documents that provide evidence of two marriages.

5. Social media or online evidence: In some cases, individuals may have shared information about their marriages or relationships on social media or online platforms. Look for any digital evidence that supports your claim of bigamy, such as posts, messages, or photographs shared publicly by your husband or his other partners.

6. Private investigators: If you believe your husband has entered into additional marriage but are having difficulty gathering evidence, you may consider hiring a private investigator to gather information and evidence on your behalf. Private investigators can conduct discreet investigations and provide documentation to support your case.

LawRato LawRato

643 votes

Marrying again while the wife is alive is an offence under Indian Penal Code. You can report the matter in the Crime Against Women Cell. You can also file a divorce petition if you decide to take divorce but I wonder why have not taken any action so far.

LawRato LawRato

595 votes

hi,
he can be charged for bigamy but you have to prove the relationship with another women as wife, as the name mentioned in the passport in the wife's coloumn or ration card etc are itself a sufficient proof of marriage unless he shows the death and divorce decree before marrying you and you should file a divorce on that basis by showing the reason of cruelity and cheating and you should claim maintenance from him, and definitely you will get the custody of your child.
Regards
Puneet Sharma ( District & Session Court Delhi & Faridabad)
Advocate/Solicitor/Legal Consultant

Advocate Puneet Sharma LawRato

629 votes

Mam you can file a case of cheating and biagamy against your husband.. You are legally married to him u must be having a number of proofs.. As a matter of property u have a equal share in his property.. You can file a lawsuit to claim that property

Advocate Hemant Chaudhary LawRato

836 votes

In case husband marries someone else, during lifetime of his wife, without divorce, it amounts to bigamy,which is a criminal offence, and you can file complaint against him for bigamy. You can't file complaint against him for adultery. For specific advice on ur case you may contact with specific details of your case.

Advocate Vivek Nasa LawRato

768 votes

U have filed a complaint under section 494 (bigamy) IPC directly made of class 1magistrate and not for lodged with police.only in the state of andhra Pradesh this offance has been made as cognizable offance hence a fir can lodged with police.
Acussed shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine

Advocate Anand Pal Rana LawRato

230 votes

You can divorce your husband on the grounds of bigamy or you can file a case for divorce. What evidence do you have regarding his previous marriage? First, gather proof of his marriage and that he lives with her. Only then should you initiate divorce and bigamy proceedings.

Advocate Chikirsha Mohanty LawRato