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Ananomus123 (Manager)     10 June 2014

Live-in-together can file a 498 a

Hi,

 

I am married person with two children (No problem with my wife)

I have a live-in-relationship with a diverse woman .

Now the diverse woman filed a 498 A case against me, that showing the evidences of photos at the time of Live-in-Relationship and some pooja photos.  when I questioned her the illegal relationship with the other persons (I have only eye witness of myself) she did this.

She mentioned that

1. After diverse she got married with me (No evidence of marriage) and I did not told her that I am already married (She already know that I am a married person) filed a cheating case 420.

2. Filed 498 A

My questions are

1. Is These sections are valid especially 498 A.

2. How can a file a case / Compliant against her

3. My wife is ready to file a compliant against her

Can you please suggest.

 

 

 



Learning

 15 Replies

Advocate Ravinder (Advocate/Attorney)     10 June 2014

While the marraige of your first wife is still in existence, the live in relationship has no legal sanctity.  The divorced woman is not at all your wife legally.  Hence she cannot file 498a against you.  She can at the most can file rape and cheating cases against you.

 

1. Is These sections are valid especially 498 A.

--NO--

2. How can a file a case / Compliant against her

--You cannot file case, she can file the above cases on lyou

3. My wife is ready to file a compliant against her Can you please suggest.

--already answered.

K.K.Ganguly (Advocate)     11 June 2014

1. If she can show evidence that you had married her making her to believe that you are not married, then her complaint u/s498A may be considered as valid,

 

2. You can not file any case against her on the contrary she can file several cases against you and surely can send you to jail for the crime committed by you as per IPC,

 

3. Your wife can not file any case against her. Rather she can file cases of bigamy, cheating, adultery agaist you easily.

T. Kalaiselvan, Advocate (Advocate)     13 June 2014

A complaint lodged under the provisions of section 498A IPC by your live-in counterpart is maintainable especially in the event of you admitting the said relationship, besides she may file cheating and other criminal cases against you.  It is you who has got to protect yourself against the cruelty   complaint she lodged against you.  Your wife though out of curiosity may have assured you that she will file cases against her, but what is the ground or reason that she will do so once you  have committed the offence against her? Better compromise with your concubine and try to get out of the problems immediately instead of thinking of different things which will lead to no road.

Ananomus123 (Manager)     14 June 2014

Hi Sir,

I agree with you.  But here is the situation that they are not accepting for compromise.  I got the AB without any conditions (10,000 with two sureties).  She already filed 420, 498 A, 323, 506 IPC against me.  I have to attend court next week.  No Charge sheet filed.

1. What they will ask in the court?

2. Is there any police interrogation will be there after getting the AB without conditions?

3. Shall I have to go Police Station at the time of preparing the charge sheet?

4. They can file other cases on me during this period?

 

Can you please suggest me.

K.K.Ganguly (Advocate)     14 June 2014

1. Engage a lawyer for getting briefed about the court procedure,

2. Court will not ask you anything now. Your advocate will speak for you,

3. There will be no po0lice interrogation now since the matter has already reached the Court,

4. No, since the Court has not directed you to do that,

5. She can file any other case against you any time.

 

 

Ananomus123 (Manager)     14 June 2014

Thank you for the reply sir.

1. What are the possible chances to win this case?

2. How much time it will take to complete?

3. If they are not attending the court, the case may be in my favour up to what time?

4. What are the precautions I would like to take that, they should file any other cases against me?

My some strong points are

1. She is also in other relationship with other person now.

2. She already divorced due to her bad conduct.

3. There is no marriage proof with me.

4. I have some proof that I already married before the date of marriage with her (which was mentioned by her). only persons like IAS officer.

Please suggest sir.

Ananomus123 (Manager)     14 June 2014

one more point I need to add here.

5. If I won this case, can I file a case against her on this along with my wife or me alone, like loss of mental peace, loss of dignity, family life disturbed, expenditure etc.,

T. Kalaiselvan, Advocate (Advocate)     14 June 2014

For your 5th question the answer is that better get rid of her totally once you are acquitted and stay away from her in the future too.  For your other questions, you have given answers yourself below your questions, so with the help of your own contents, you can challenge her false case.

Ananomus123 (Manager)     15 June 2014

Thank you sir for you kind guidance.

1. If she compromise, then they can withdraw the case at any time?

2. If yes, what would be the procedure in these sections 420, 498 A, 323, 506 IPC?

3. Is there any danger if I go and talk to that lady personally or over phone to compromise that she can file a case against me which leads to cancel my bail.

4. Is there any Possibility that she can also file a case against my wife too?

5. My wife questioned me (she knows this and one of the surety), how can I approach legally for this mental Touchier  against her.

6. Basically I want to get out from this Harassment (mentally & physically) as early as possible.

 

Please suggest.

 

.

Ananomus123 (Manager)     16 June 2014

Sir can you please kindly replay and guide me.

Shantanu Wavhal (Worker)     16 June 2014

u have to face the trial.

if she proves marriage with you, then u can be convicted - not otherwise.

further, she can also file ipc 494, 495.

Adv k . mahesh (advocate)     16 June 2014

as said above follow and one more thing

hiding your marriage and keeping a illecit relationship with another women means she has upper hand and once she can prove your relationship with her then no one can help and forget about keeping cases on her first do not hesitate to talk personally even not on phone but personally with some friend not your wife and settle the issue because she may record this conversation on phone or personally also and as your friend will be witness to conversation no problem

Ananomus123 (Manager)     20 June 2014

Hi anybody tell me how can I file a case against her. Any sections. I want to see her in Jail. Please kindly suggest. What are ways. 

 

She is already having Illegal relationship with some body.

She already cheated 7 people.

 

Please suggest to punish these type of ladies.

K.K.Ganguly (Advocate)     21 June 2014

1. It appears to me that you have not yet understood the danger you are facing now,

 

2. Probably you have failed to understand that live in relationship with another women, when there is an wife at home, is highly illegal and is punishable by jail term,

 

3. Forget about your filing cases against her. See that she does not file case of adultery against  you,

 

4. If she does that then it will be difficult for you to escape jail term even if you force your wife to accept her such position,

 

5. Please note that women are not punished for conducting adultery but men are punished,

 

6. Forget about her cheating 7 persons,

 

7. Understand that you have cheated her, your wife and your two children.


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