Gurmeet 19 December 2015

False 498a case against me and my family

HI,

I have been married since 26-dec-2010.This is 2nd marriage for both of us. I have two kids now both are girl. Few days back I came to know that my wife did not took divorce from her 1st husband and marry with me and even she has filed a false case against her 1st husband and mother in law…when I went to my wife home to discuss all these then her parents abused me and my mom and they started arguing with us. When I ask my wife to come back home then she denied it.2nd day she and her family went to police station and gave them a application that I was demanding them for dowry and money. They wanted police to file a FIR against 498a immediately but police refused to do that and send us Mahila thana for counselling .After this I have given application to SP ,ASP women cell, collector and SDM that they may register a false FIR under 498a for me and my family. After 3 counselling my wife was not ready to do compromise then counselor found this and they have suggested my wife and her family to go to court and file case for me and they have written same thing in their final report. But after 4-7 days don’t knw how they have done the FIR against me my mom and my sister. My sister is married 2002 and she is staying in different city with her family but again she has added her name. We have applied for anticipatory bail but after hearing judge has given bail to my mom and my sister not me.Now I have applied anticipatory bail in high court whose hearing is pending….please help me what to do

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8 Replies

B.N.Raja Mohamed (ADVOCATE) 24 December 2015

Sir,

you can move the couirt seeking a relief of declaring the marriage as void.The matters pertaining to the alibi of your sister you have to prove it only through trial.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 24 December 2015

Originally posted by : Gurmeet
	Few days back I came to know that my wife did not took divorce from her 1st husband and marry with me and even she has filed a false case against her 1st husband and mother in law

This is a serious offence of your wife.

You can file bigamy 494 IPC and 383 IPC extortion.

She can’t file 498A since your marriage is null and void since she does not have any valid divorce decree and certificate.

Please collect certified copy of criminal cases filed by her against her first husband and file CrPC 144 in the district court. Also show it to the women cell. These are business of these nasty women.

Please see my profile links for sample petitions and other clues.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 24 December 2015

This is also offence of rape as per 4th clause of 375 IPC.

However, Monkey Indian brains can’t believe that male can also be victim of rape.

"With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married."

Now if the word "Her" is replaced by "His", "Man" is replaced by "Woman", "She" is replaced by "he" and visce-versa wherever is applicable then, yes, It can be filed as a valid RAPE case.

You can file rape against her. Please take a chance.

Please see my profile links for sample petitions and other clues.

K.S.Srinivas (Advisor (HR)) 24 December 2015

Advilce is already given on the other thread where you have posted the same.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 December 2015

Agreeing with the view of Mr. K.S. Srinivas, my concern is, whether Rape can be filed or not by technically attaching constitutional rights also ?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 December 2015

Agreeing with the view of Mr. K.S. Srinivas, my concern is, whether Rape can be filed or not by technically attaching constitutional rights also ?

Gurmeet 26 December 2015

please let me knw whether it is possible or not??

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 28 December 2015

Misleading, feminist, Corrupted Indian Legal System made by mostly under-educated/corrupted legislatures and driven by mostly corrupted judges and advocates may have no answer.

As per Article 14 of Indian Constitution the State can’t deny – “Equality before law” and “Equal Protection” of anybody irrespectively religion, race, caste, s*x or place of birth.

Now since the prima-faci is chargeable on the said offence on the said ground, and you, being a male also have constitutional right of “Equality before law” and “Equal Protection” from law, you should file a Writ Petition to the High Court to give direction to the STATE to register FIR against them. You should file it Party-in-person.

Please see my profile links for sample petitions and other clues.