Thretain to file fir for kidnaping and marriage.
B Pradhan Singha
(Querist) 21 June 2014
This query is : Resolved
Dear experts,
my wife(Muslim) elope herself and got married with me in march 2012.
After few days her parents force us to return her and after that they given her a another 2nd marriage.
I file a case u/s 365,366,497 against my in-laws and her 2nd husband.
Police recover my wife on sep'2012 but she stated in 164 crpc statement that, I had forced her by inducing intoxication to sign the marriage registration.
Her 2nd marriage is now is in problem.
I had collect her 2nd marriage registration certificate copy.
Now, She is not agree to give divorce to me. But her lawyer said me that, if i take any steps against her, he will file cases u/s 25(iii) of Special Marriage Act,1954 to cancel the marriage and then U/s 365,366,376 IPC and and will throw me and my parents under the cell.
I have consult a lawyer, who told me that forced marriage can be cancel under SMA'1954 only when proceedings is initiated within a year of discover of fact. so she is legally married wife of me and hence no 365,366 is applicable.
My queries is that, after 2.5 years of fact can she file this false case? is there any chances to be arrested?
May i take any steps against her?
They threaten that date of 164crpc statement will be taken as date of imitation of case by court.
now she actually want to come back but it is not possible for me to take her back.
I am also not agree to give money.
she make me suffer very much. now i want to treat her, is it possible?
please advice.
Devajyoti Barman
(Expert) 21 June 2014
You are on right track. Let her defend the cases filed against her and relatives.
I do nit think the case if filed against shall have any merit.
ajay sethi
(Expert) 21 June 2014
second marriage of your wife during subsistence of earlier marriage is void . file case of divorce against her
Rajendra K Goyal
(Expert) 21 June 2014
agree with the expert Devajyoti Barman ji.
B Pradhan Singha
(Querist) 21 June 2014
But my lawyer(friend) says that 2nd marriage is not a ground of divorce but is a criminal offense only.
Other than that, she want to comeback, not to divorce.
If i not take her back, she will file case and will make me arrest.
Her lawyer also talk with me, and stated that if i not take her back he will file cases u/s 25(iii) of Special Marriage Act,1954 to cancel the marriage and then U/s 365,366,376 IPC and and will throw me and my parents under the cell.
can they file this case against me?
B Pradhan Singha
(Querist) 21 June 2014
I am also not willing to move the case against her parents, as their is no merit at all....she will safe her parents form the allegation of kidnapping and forced to 2nd marriage case.
They actually want, i will take her back and will withdraw all cases against her parents.
I had file no case against her.
Devajyoti Barman
(Expert) 21 June 2014
If you consider yourself to loose the battle even before it starts then nobody an help you.
ajay sethi
(Expert) 22 June 2014
you are not bound to accept your wife who has remarried during subsistence of earlier marriage
R.K Nanda
(Expert) 22 June 2014
agree with experts.
V R SHROFF
(Expert) 22 June 2014
She committed crime, not you.
U are on right track
prabhakar singh
(Expert) 22 June 2014
As it has become clear that she registered a marriage with you while she was already married.The marriage registered with you as well as one registered with third one are void.
Raj Kumar Makkad
(Expert) 22 June 2014
The opinion (threatening) of the counsel for your wife and even of your lawyer is not accurate and legal. Your marriage is perfect and you need not to accept the illegal demands of your wife under the grab of threatening and should move ahead as already decided.
malipeddi jaggarao
(Expert) 23 June 2014
Her lawyer will definitely try to safeguard her interest. Do not be afraid as you have not committed wrong. Only wrong you have committed is eloping with a muslim girl. You are lucky you are spared and you should thank God. Fight back as they on weak front and you will get divorce.
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
There is nothing in yur marriage with her which might have been solemnised under the special marriages act. He subsequent marriage with another person can be held as invalid because a marriage already subsisting. Under Muslim personal law, a muslim woman cannot have a husband existing during her marriage with another person. There cannot be two husbands for her. She has married second time while the first marriage is subsisting, in common law it can be termed as 'Adultery' a ground for divorce. Decide. Do not budge to her lawyer's pressure and if you feel your lawyer is not cooperating with you, it is better to change your lawyer.
