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Should re-marriage without divorce be considered as bigamy?
17-Jul-2023 (In Divorce Law)
X and Y got married. X is the wife and Y the husband. Y left X few years into the marriage and re married Z. Y has children with X & Y. Y did not financially support X or her children in any way. While X and Y got married, Y claimed to have savings/inheritance. Now, on being approached about the same so as to obtain some shares as the first wife, Y claims that all the money has gone and been taken by the bank and such. There was no divorce filled. Isn't this a case of bigamy? X and Y got married at a temple. What are the requirements by law to prove that X and Y were indeed married? Note - X is a barely literate individual f society who works as a maid.
Marrying twice or bigamy is a criminal offense. Still it endures at all levels and in both country and urban groups to a little degree. Muslims are legitimately permitted to have up to four wives. Also, polyandry was a practice amongst the untouchables and numerous tribal social orders and a few groups of Kerala. Monogamy wins the conscience of a larger part all through India.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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yes X can very well file divorce under the ground bigamy.As per the law any man can not enter in to conjugal relationship with other women unless and until he legally divorce his wife. X has to establish the relationship of X and Z before the Court of law.
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Hello,
A simple way to get justice for X would be to go to the police station and file a bigamy case. If the police do not take action then go the commissioner office and give a complaint there.
The police will call him and ask him to appear in the police station and she may be able to get her share then. Even if that does not work, then you can file a maintenance petition u/s 125 and ask for maintenance.
You can prove the marraige by telling the court that he is the father of the children.
Regards,
Aditya
A simple way to get justice for X would be to go to the police station and file a bigamy case. If the police do not take action then go the commissioner office and give a complaint there.
The police will call him and ask him to appear in the police station and she may be able to get her share then. Even if that does not work, then you can file a maintenance petition u/s 125 and ask for maintenance.
You can prove the marraige by telling the court that he is the father of the children.
Regards,
Aditya
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