Hiten (Executive) 06 September 2012

Applying for bail in 498a

I got married in April 12. The marriage was held at Gayatri Mandir (M.P). My parents was against this marriage so they didn’t attend this marriage. Only my brother and his wife and one of my friend was there in wedding as witness and signing person from my side.

After marriage I convinced my parents and they accepted our wedding. And they visited to my home for 1 day. In Haryana. But my brother and his wife never ever stayed even for a single day with us in Haryana. Only once they visited to my house only for 2-3 hours.

My parents and brother and his wife lives in Rajasthan.

At the time of wedding my In law's presented an affidavit stating that their daughter is Unmarried. And all her family member ( her father, mother, brother and sister ) has signed that.

After wedding i came to know that she was already married and had 2 daughters and she have not taken divorce from court. She and her family saying that they have taken Customary Divorce.

So in short my life became hell from the starting of wedding. And she became cruel with me Then too i try to gave her all the best facility at home and a best treatment in her pragnency period , till she left my home in Feb12 and taken my son ( born on 30 January 12).

In all this period April 11 to Feb 12, she and her parents use to threatening me that I have to go on with this marriage. Else they will trap me in various cases. As her mother is a local politician and social worker for Nari Kalyan Samiti , and her brother is a practicing advocate in Jabalpur Court. They have all the contacts with local police and well know authorities.

My wife has filed case 125 / 498a (That I have demanded 4lakh + Maruti Car and Gold ) / 406/ 420 (stating that I have alter the affidavit), and trying to file more cases against me, my parents , brother and his wife.

They have put many ridicules allegation on me and my family.

I have already sent a request for their suspected fraud cases in March 12 to M.P., Rajasthan and Haryana police departments, Women Cell of all these 3 States.

Also they ( In laws) have arranged some people who are ready to stand with them.

All this happened after filling Divorce case from my side in April2012. The first hearing was on 25 July 12. But she has taken stay from Supreme Court transferring case from Rajasthan to her city in M.P.

Now police officer is calling us and my advocate and saying that bring them (me, my parents, brother and his wife) to M.P.

Kindly advice me what I need to do further, as I got notice from court for appearing for case of Domestic Violence dated 11 Sept 2012. And what will the course of action from my side.

Also please suggest 1 " Can she will be able to transfer case from Rajasthan to M.P.)

2 " Is she is entitled for getting Maintance for her and Son.

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5 Replies

JANAK RAJ VATSA (ADVOCATE) 06 September 2012

1. the case can be transferred under the orders of the supreme court.

2. you have to provide maintenance for your wife and child u/s 125 cr.pc

3. obtain AB before proceedings to MP to avoid arrest

Surbhi Upadhaya (Independent Practice) 06 September 2012

Hello,

Only the SC can transfer the case out of the state. Your wife is entitled to maintenance if she has no earning of her own. Liability for child support cannot be avoided.

dr g balakrishnan (advocate/counsel supreme court) 06 September 2012

sir,

1. you started with mistaken facts. And do u have the signed affidavit by her and her parents that she was not married?

2. you cohabitated with her and have the issue after your marriage.

3. Now it is a clear case that you married a lady without divorse papers and may be because of mistaken facts by you as you are cheated falling u/s 420 IPC

4.when u have the issue out of this wedlock it means you reconciled with the situation.

5. your turning turtle created a lot of problems not only to you but also to your parents and brother

6. issue a notice to your inlaws for mediation and conciliation, try to settle in the mediation process from the court mediation cell and once settled both can file before criminal court the mediation agreement and thus extricate from 498a IPC situation.

7.Appears the 1st husband did not move any legal case it seems. get assertained how many yearsbefore they got seperated and whether the children out of 1st wedlock will come to her or hur first husband will not send. Contact her 1st husband know the correct position, and involve him in the mediation for consent divorse from him else you cannot have her free of encumberance as you too have a child with her. So for your immature earlier decision of urgent marriage with her though your parents and brother did not like the alliance significance you did not appreciate, naturally you have to pay a price though unwillingly but natural law will force you, as you did cohabited with her without immediately sending her to her parents then and there. Miscalculations lands one into serious problems. so reconcile whe 1st husband clears his consent divorce and that after mediation by the court file in the family court so that from that problem extricate her as also you. That way all the problems will get squared up, instead of more and more complicating. You sayher father a politician from MP they will stoop to conquer will do any crime, so rescue yourself from more problems, besides police man pestering with threats for money for police enjoys these kinds of cases for their perennial income for them. Escape from police clutches that is very important. once done be very friendly with your wife and love her and child so that further life will be just meaningful. After all wrong contracting marriages with unknown persons, you indeed have to compromise with her and be friendly with her parents too, as you got locked with politician's family that price you need to pay for better and safe living for you and your parents and brother's family is the best possible solution.

yes, the inlaws will not that easily give in but convince for their daughter's good life as also their granson or grand daugher.

when u throw the cloth on thornes you need to safely remove. Else cloth is torn.

regards.

Adv Dr.F\G. Balakrishnan, advocate(OS) Bombay High Court

dr g balakrishnan (advocate/counsel supreme court) 06 September 2012

Apply for bail before the same criminal court and see the police do not object your bail application yes you will have to spend to the police men immediately and go on fighting the matter if you do not reconcile with your basic folly of contracting illegal marriage for you had committed bigamy as she did not get her divorce from her first husband and politicians do all these kinds of things but you failed to take precautions.

After obtaining bail try to seek from the court necessary mediation process to ensure just because of your immature act you had put your parents and brothers family in problem.

My considered opinion is to reconcile with that marriage as you have a child, it seems poor girl got into complications necause of indiscretion seems to have been promoted by her parents.

You cannot be a fresh bride groom now on as you are also as second hand as that girl too. both committed indiscretion and her parents will continue to pester you in life if you do not settle amicably, that is my considered opinion.

dr g balakrishnan (advocate/counsel supreme court) 06 September 2012

yes she can get transfer of the case by application to SC fo transfer of case as she is in another state. courts are considerate for women.

she can get maintenance under 125 of cr p c.

you cannit avoid.

Ensure she gets divorce from her 1st husband.

her parents really mangled her llife. so you do not further contribute to her miseries as you fathered another child.

You need to be more humane to her and she will soon appreciate your sacrifice and she will definitely love you and even be happy to die with you as you succoured her from misery as also you helped yourself from more troubles