Regarding ipc 494,498,420 and hma section 17
PRAVIN
(Querist) 06 February 2016
This query is : Resolved
Dear EXPERTS
Please give suggestions and yours experts advice on my following queries, I also attached lower court order regarding this
1) Can wife file case against husband of IPC 494,498,420 and HMA section 17 directly in court without approaching police station (place where the second marriage solemnised).
2) Can file case anywhere in maharashtra state.
I also paste para from court order in which hounable judge mention this.
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age of 58 years when she needs his company and support the most, the petitioner annot be attended on his such frivoulous petition. During appreciation of the evidence it is evident that the petitioner solemnized a second marriage with one Kanchan and gave birth to a son namely Ajinkya. The respondent shall take appropriate criminal action against petitioner as per S. 17 of the Hindu Marriage Act 1955. Accordingly the petitioner has failed to prove the petition hence I pass the order as under :
ORDER
[1] The petition is dismissed. [2] The decree be prepared accordingly.
(Rahul R.Bhosale) Date : 06/04/2015 Senior Civil Judge, Daryapur.
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Welcome all yours experts advice and suggestion regarding this
Regards
PRAVIN
Dr J C Vashista
(Expert) 07 February 2016
Dear Parveen ji,
1. Yes, she can file complaint case(s) against her husband u/s 494 IPC for bigamy (wherein she has clinching evidences which has been appreciated by the court)and she need not lodge police complaint, however, police cannot lodge FIR;
besides complaint(s) under other provisions of law.
2.Wife can file a case in any 4 places of her choice as provided in section 19 of HMA 1955.
However, she would prefer to file at the place of her current residence.
Regards & best wishes
Dr. J C Vashista, Advocate
#9891152939
Rajendra K Goyal
(Expert) 07 February 2016
1. Yes
2. Generally place of residence, place of marriage, place of matrimonial house, place where parents live, she can file case.
