One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me with a distressing situation involving his relative Ms.Y, who had married Mr.Z in a traditional ceremony. Later, the family discovered that Mr.Z was already married to another woman, Ms.A, and had never divorced her before marrying Ms.Y. When the family approached the police in City B to file a complaint for bigamy, they were told that substantial evidence was required to proceed with the case. Mr.Z allegedly attempted to influence the investigation through improper means, which further complicated the matter. The family was considering hiring a private investigator to gather the necessary evidence to prove the bigamous marriage and seek justice for Ms.Y.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Gather all marriage certificates and documents related to both marriages immediately
• Collect witness statements from people present at both wedding ceremonies
• Document any evidence of cohabitation or relationship continuation with the first spouse
• File a detailed complaint with higher police authorities if local police are uncooperative

Applicable Sections of Law

The primary law governing bigamy cases falls under the Bharatiya Nyaya Sanhita (BNS). Section 82 of BNS specifically deals with bigamy, making it a punishable offense. Section 61 covers cheating, which may apply if the accused deceived the second spouse about their marital status. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 governs the filing of complaints, while Section 154 deals with investigation procedures. If corruption is involved, Section 7 of the Prevention of Corruption Act may also be applicable for public servants accepting bribes.

If You Are the Complainant

• File a written complaint at the police station with all available evidence and documents
• Approach the Superintendent of Police if the local police refuse to register the FIR
• Collect marriage certificates of both ceremonies and any official records proving the marriages
• Gather witness statements from family members and friends who attended both weddings
• Document any financial transactions or gifts exchanged during the second marriage ceremony

If You Are the Victim

• Seek immediate legal counsel to understand your rights and options for annulment
• File for maintenance and compensation if you have suffered financial or emotional damages
• Preserve all communications, gifts, and evidence of the relationship and marriage
• Consider filing a separate civil suit for damages and return of gifts given during marriage
• Document any threats or harassment from the accused or their family members

How the Police Behave in Such Cases

Police typically require substantial evidence before registering bigamy cases since marriage validity can be complex. They often ask for both marriage certificates, witness statements, and proof that the first marriage was never dissolved. Some officers may be reluctant to investigate due to the civil nature of marriage disputes. However, bigamy is a criminal offense, and police are duty-bound to investigate once sufficient prima facie evidence is provided.

FAQs People Normally Have

Is bigamy a criminal offense in India? Yes, bigamy is punishable under Section 82 of BNS with imprisonment up to seven years.

Can the second marriage be annulled? Yes, the second marriage is void ab initio and can be declared null through court proceedings.

What if the first spouse consents to the second marriage? Consent doesn’t legalize bigamy; it remains a criminal offense under Indian law.

Can I claim compensation? Yes, you can file a civil suit for damages, return of gifts, and maintenance depending on circumstances.

What Evidence Is Required?

• Marriage certificates or registration documents of both marriages
• Witness statements from attendees of both wedding ceremonies
• Photographs and videos from both marriage functions
• Documentary proof that no divorce was obtained from the first marriage
• Evidence of cohabitation with both spouses during overlapping periods
• Communication records showing the accused’s acknowledgment of both relationships
• Financial records showing maintenance or support to both spouses

How Long Will the Investigation Take?

Bigamy investigations typically take 3-6 months depending on the complexity and evidence availability. The process involves verifying marriage records, recording witness statements, and confirming the legal status of both marriages. Court proceedings for annulment and criminal prosecution may extend the timeline to 1-2 years. Hiring experienced legal counsel can expedite the process significantly.

Advocate Sudhir Rao, Supreme Court of India