Rarest of Rare case First Dead and now Alive 498a
Sekar
(Querist) 20 November 2017
This query is : Resolved
HELLO EXPERTS........
In-laws had lodged a false 498a 420 and Dowry case. .During examination the father in law stated his daughter is dead and he does not remember when she died nor able to recollect where he cremated her. .The FIL is a retired govt servant Gazette officer and now a practicing advocate. . Other witnesses like her cousin brother and maternal uncle also not able to recollect when exactly she died....and where the last rites were performed. All this drama is done now bcos it came to my notice that she got remarried without divorce and has kids which prove remarriage before divorce. ARGUMENTS ARE STILL PENDING IF WE ARE ABLE TO GET PROOF THAT SHE IS ALIVE..... WHAT WOULD BE THE CONCEQUENCES ON THE FATHER IN LAW AND THE FALSE WITNESSES WHO ON OATH DECLARED THAT ALIVE PERSON WAS DEAD
Vijay Raj Mahajan
(Expert) 20 November 2017
If these people well aware of the living status of your wife telling lies on oath in the court about her death, than they are all liable for the offense of perjury under section 193 IPC.
Move application u/s 340 Cr.P.C against these persons in the Magistrate Court for filling formal criminal complaint against them for the offense of perjury.
Guest
(Expert) 20 November 2017
Nothing can be termed rarest of the rare in terms of law.
But you have not stated, what exact concern you have with the issue you discussed here, as you have nowhere stated that she was your own wife.
N.K.Assumi
(Expert) 20 November 2017
Even your question is rarest of rare question:Dead now alive? You can kill her and plead that you thought that it was a ghost, or as suggested by the expert you can make use of section 211 IPC against them.
Guest
(Expert) 20 November 2017
If you have already completed punishment for her death/murder, rest assured, you will not get punished 2nd time for the same offence even if you implement the proposal of Mr. N.K. Assumi.
N.K.Assumi
(Expert) 20 November 2017
JIGYASY, in his case the doctrine of double jeopardy may not be applicable, but surely, verily verily, I say unto you that living with such a wife and the ongoing court battle has burnt him alive to death.
