Bigamy Bigamy

2 years ago

My husband deserted me and our kid and is with another woman now they have a daughter. I took evidence of that and now filed a case of bigamy. Now for AB, they are claiming that they are in live in relationship. I didnt turn to live with him, and so they loved each other and opted to live-in and then filed divorce with me. Will the AB be allowed and won't this be considered bigamy or presumed to be marriage? Won't they be punished

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.a daughter by second women is adultery and its pure evidence.
Live-in is not legal marriage but having daughter makes it strong reason to deny AB.

You can get evidence with heavy penalty.
Thats also punishment.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Yes it is bigamy and his AB will not be allowed if pursued properly. His live-in is illegal as he was already a married man so no question of giving any legality to his relationship with the other woman
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Vaidehi Samant

Responded 2 years ago

A.If they have not married each other and are just leaving together than it will not be considered as bigamy and won't be published legally. Hence if your husband has filed for divorce you are suggested that you having a kid from your husband should ask for a alimony amount or a permanent house or some kind of security so that it takes care of your and your child's future and move on in your life.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The live in relationship presently does not fall under the ambit of bigamy. It can be considered as adulterous relationship, but not bigamy. Hence, the provisions of bigamy isn't applicable. You will have to prove that they are married to attract the provisions of bigamy.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Since there is no legal marriage, the rule of bigamy does not apply to live-in relationships. To prove bigamy, there must be sufficient proof that they entered into a second marriage without nullifying the first. The daughter would be treated as if she were an illegitimate child and this will be interpreted as adultery and desertion on your husband's part. You will file for divorce and child support based on these grounds.

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Anik

Responded 2 years ago

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A.Hi,
This will b considered as the adultery on the part of your husband and you have a ground to file a divorce petition and can claim maintenance for yourself and your kid.
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