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Advocate Gaurav (Advocate)     17 July 2014

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

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 (1st) marriage.

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

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

·         Do physical assault & abduction with 2nd 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 2nd husband has any locus standi to file case under section 494, 495, 420 etc. against his wife after 16 years of 1st marriage.

 

Regards

Gaurav



Learning

 2 Replies


(Guest)

@gaurav,

You don't have locus standi to file case U/s 494 as you are not the agrieved husband who had found that her wife got married to another person prior to divorce(legaly divorce through divorce decree given by magistrate)But yes you definitely have locus standi to file case u/s 495 on her for concealment of facts about her previous marriage and even for her not legaly divorced.

 

Note: Her previous husband can file ipc 494 on your wife and ipc 497 on you if he wish so.You can file ipc u/s 415,416,417 on her for cheating and punishment and not ipc 420 as this section doesn't hold the marital offence of cheating and holding properties here.

Good luck.

ESIS

Sudhir Kumar, Advocate (Advocate)     04 August 2014

how are you connected to the case.


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