Advocate Gaurav (Advocate) 17 July 2014

Can a husband file case under section 494, 420, 495 ipc ?

Can a Husband file case under section 494, 420, 495 IPC against her wife after 16 years of void marriage?

Please read carefully as the following facts are little bit complicate.

A Hindu Girl got married a man. But soon after they started living separately and 2.5 year later they both entered into a divorce deed to put mutual end to their marital bond at home. No court decree was obtained.

Within a year she married another person who is a boy (17 old) and the fact of her 1st marriage was concealed by the wife at the time of 2nd marriage. They lived 13 years have two male children. Now she filed a 498A complaint against her second husband.

In the dispute, second husband now came to know about the fact of her wife’s earlier (1^st) marriage.

· Now the family members of wife start making illegal pressure on the 2^nd husband.

· Creating false evidence that, “they had not concealed the fact of 1^stmarriage”.

· Do physical assault& abduction with 2^nd husband.

Please clarify and advice ....

Here wife's 1st marriage is still subsisting. It is not dissolved by court. Therefore her 2nd marriage with the said boy is void. Be it so, whether 2^nd husband has any locus standi to file case under section 494, 495, 420 etc. against his wife after 16 years of 1^st marriage.

Regards

Gaurav

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7 Replies

Adv k . mahesh (advocate) 17 July 2014

if first marriage was registered then mutual divorce deed is not valid and the first marriage is still existing only you both agreed and separated mutually

and she again married 17 years old person means what is her age it is not clear

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Advocate Gaurav (Advocate) 17 July 2014

Thanks for the reply Sir,

Please consider following points also to have a more light on the case.

At the time of second marriage Lady was 21 years old.
Her first marriage was solemnized according to Hindu rituals but not registered.
The mutually separation was done on a simple affidavit with the witness of gram panchayat members and both the family members.
2nd husband is trying to collect the evidence of the 1st marriage. But as the event is 16 year old at village. It become very difficult to collect the evidence.

After above :-

Now considering the above please suggest following.

Which kind of marriage evidence is proper for filling the case of 494 ?
Is mutually signed affidavit witnessed by members of gram panchyat 16years ago can be considered by Judge as divorce ?
His wife family members are saying that they told the truth of 1st marriage to his mother at he time of 2nd marriage. Bus his mother is No-More ?
Marriage Mediator is Resi. near to his in-laws house and in the influence of his in-law. so ready to give statment in court that,"His in-law's told all the fact's of 1st marriage to his mother".

Sir, please provide the solution after knowing above.

Thanks & Regards