Anil (Business) 16 April 2014

Domestic violence, crpc 125 exparte - wife remarried

Can someone help me here ? Me & my wife stayed together in U.S. for couple of years and due to family disputes she left me with her green card and went to india and filed several cases on me. She filed domestic violence, crpc 125, 498a, 406, 506, 504 on me. and out of all these cases crpc 125 and DV case was expartied and i never went to india due to fear of my life. Her family members threatened me to give more money. Now she has remarried with someone else in united states but all those cases are pending on me. May i know how do i get out of this problem ? I want to go to india now ? Technically my wife will not come to court because she is remarried and the guy she is married doesn't know anything about the cases she filed on me in india. I also want to move on with my life and want to know how do i get out of this problems.

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8 Replies

Kundan Kr. Singh (Advocate) 16 April 2014

Mr.Anil Don't worry.

She has remarried and she is residing In US ..You have legal remedy, go to concern high court for quashing those proceeding who is running against you in India.

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com) 16 April 2014

No need to go to High court for quashing, the matter can be solved at lower court level only.

Get the remarriage details and rest will be easy.

Mahesh R. Sonawane (Lawyer/Fight for justice) 16 April 2014

You have to approach the concern High court for quashing of all proceedings on the ground of remarriage.

or You can also file criminal complaint against your wife for remarriage,, as I think your marriage still subsisting.. there is no divorce???

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 16 April 2014

No need to go High court it will be solved at lower court level only.

And filing new complaint will take your life time to contest so forget it.

SIMPLE SOLUTIONS FOR COMPLEX LEGAL PROBLEMS .

mahavir singh (ADVOCACY) 16 April 2014

1.first thing is if she is legally divorced. Than only she can do marriage. 2. All the cases can be quashed. For more call09910657998.mahavir singh advocate.

Shantanu Wavhal (Worker) 16 April 2014

Now she has remarried with someone else in united states

if u want to say that she has committed bigamy, then first of all, u have to collect the proofs of her LEGAL second marriage ceremony. Perhaps, she is just living together with some other man. If so, then its not Bigamy u/s IPC 494. It would be adultry u/s IPC 497. Anyways, it is a Ground for divorce, provided that - u have sufficient CONCRETE evidences. Its difficult to prove adultry / bigamy.

She filed domestic violence, crpc 125, 498a, 406, 506, 504 on me.

wife's bigamy / adultry would be an issue of Dispute and can not be decided without trial and/or sufficient evidences. Mere filing 482 i.e. quashing wont help you. eventhough she has really committed bigamy / adultry, court wont quash the charges u/s 406, 506, 504. so filing quashing would mean ADDITIONAL LITIGATION - dont break ur own head unnecessarily.

Shantanu Wavhal (Worker) 16 April 2014

the best way to come out of FALSE cases is, face the trial and get acquittal.

filing quashing petition does not put stay on the FALSE case already filed.

both the cases run simultaneously.

Solomon Raju (Advocate High Court of A.P.) 06 May 2014

Dear Anil,

Get all the details of her marriage and file a quash petition before the concerned High Court. Only High Court can quash the proceedings pending against you...498A is offence against state and as such lower courts have no such power to quash the proceedings...The above suggestions given by my learned friends are correct...no further explanation needed...