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Mohan (Operations)     29 March 2015

Victim 498a

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Dear Members, I need an expert advice as the 1st class magistrate also seems to be confuse.

I filled an complaint against my wife on section IPC 494, 420, 468, 466, 471 & 120B

Due to both govt certificates of marraiges were readily availaible magistrate (she did not took divorce) also within same judicial area Magistrate took cogninze of the offecne and my statement of oath was recorded. Now its been one month magistrate is not passing order asmagistrate was telling my lawyer to do an argument on 468 & 466 which he did but still magistrate is confuced. magistrate still have passed the order of crpc 202

1) As she did not inform govt. and me about her first marraige while registring the second one with me. does 466468 ipc applicable to her

2) Also she had made passport, adhar card driving licence with my name as her husband. which I am not. does 466468 ipc applicable to her??

My question is

a) does 466 / 468 ipc can be imposed on her. ??

b) As i have 1.7 years of daughter but my illegitimate wife ditched me and staying with her legal husbad as she married me just because her family influence and her parents threathning me to name my flat on her name or else they would file 498a . which she did exactly after 12 days of msgs. I have made quashing application at Bombay High Court I also have video recording of threathning me and msgs of her legal husband. Can this be used??


c) I have a daughter age 1.7 I really dont know if its my daughter but I dont want to doubt as If I then I would spend lacs of money on DNA test rather I prefer it would be spent on that little girl. How much money I need to pay as she has filled 125 for maintainence of baby.  Family court already have said that my marraige null and void. waiting for councling for the baby.

 

d) can I fill the application for custody of baby as she is staying with her husband at Hyderabad and baby is not with her on that grounds. Also can I say that she has non bailaible criminal cases and she may go to jail as the court has taken the cognance itself. Would Family court consider her character and give the illegitimate child to me???

e) Plz dont think I want revenge, I would rather take all cases back of her if she gives the daughter back. As in all this baby is only who is suffering a lot.

 

Thanx. Waiting for your valuable advice.



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 7 Replies

Biswanath Roy (Advocate)     01 April 2015

To bring home an offense under sec.466 IPC the prosecution is firstly, to prove all the ingredients necessary to prove an offense punishable u/s. 465 IPC . Next the prosecution is to prove that documents forged answers any of the kinds enumerated in sec.466 IPC.  Whereas,to bring home an offense u/s.468 IPC , the prosecution is to prove (a) that a document has been forged as contemplated in sec.463 IPC., (B) that the accused forged the said documents, (c) that the accused did so for the purpose of cheating.  The offense punishable u/s.468 IPC, requires the prosecution to prove commission of forgery by the accused for the purpose of cheating.  "Forgery" is defined in sec.463 IPC .  In other words it requires, the proof of making a false document in order that it may be used as genuine, and, secondly with the intent specified in the said sec.463 IPC.

( VIDE : Kailash Chandra vs. State of M.P., 1983 Jab. LJ 666 (MP)

FREDYCHARLES RK - Bangalore (Advocate)     01 April 2015

This is a very pitiful and mind boggling situation. The 1.7 years tender shoot must your first priority among others like IPC 463 thru 474 + others. The poor life came into this world through this unfortunate  family. Please first focus on getting custody of that angel infant from that evil schemer (assume what u said is true) by knocking HC doors via Crpc 482 and Crpc 483. Collect evidences to prove her bigamous,polygamous state of affairs. BTW, you must have a very Solid (Capital S) family like your mum or trustees to support your claim of custody. Hope the best for you 

T. Kalaiselvan, Advocate (Advocate)     02 April 2015

You can very well represent in the family court seeking custody of the child on all the grounds you have proposed to take up.  Please ensure that you produce the documentary evidence in support of your statements and pleadings in the child custody case which includes the pending criminal cases' petition copies.

Mohan (Operations)     06 April 2015

Thank you for the advice. and good wishes. As she has done Adultury proof is my daughter birth cirtiicate, and she is not even staying with the baby but she is staying in hyderabad with her legal husband and baby in nasik (But no documented proof). can this all  be grounds for child custody.

FREDYCHARLES RK - Bangalore Thank you for your support. Yes what I said is true and I have phone recording, govt marraige certificates, her husband vulgar msgs and her mom saying to name my things on her name which i should give in writing thats what her mother said in video recording.

@ T. Kalaiselvan, Advocate   Thank you. I will update you the further happenings. 

@ Biswanath Roy how can I prove purpose of forgery ? She wanted to go to france on the forged passport. I have evidence . Can this be an purpose of forgery

To all..Can 494 be proved as both marriage certificate proof are their with same judicial area , can she be penalised as she did not inform govt of her first marraige while registring the second one. I have not seen any one punished in 494. but i know because it is difficult to prove, but in my case it is proved and also she said in 498A FIR against me that she is already married in 2008 and loves him. but still stupid police due to bribe registered fir against me and my family although I was not her legal husband

fighter (Software professional)     06 April 2015

DNA test of daughter can be done around twenty thousand only in ahmadabad or gandhinagar...

Born Fighter (xxx)     07 April 2015

Pls don't be an emotional fool, ask for a DNA Test. What good will you do to the child if its not yours and of her 1st husband ??

 

The child (if not your's is at the right place). Getting custody of child if its not yours will be extremely difficult. However if the child is your's then fight for her custody, she deserves a better life and caring father that ur. Ensure you punish that lady who has made you suffer so much.

File case against those corrupt police officers who registered false FIR for 498a

Mohan (Operations)     07 April 2015

In an birth certificate my name is their as fathers name


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