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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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aisha   23 February 2011 at 19:32

bigamy convition and necessary mariage ceremony proof

I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites.
As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 and court held that i am his legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . He also admitted in divorce case that he is married to other lady when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,

Affidavit giving his / wife property details to Election Dept in Sep 2009.

While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents

That lady has also made voter card with husband as my husband

While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy

Now judge has summoned my husband and other lady against my complaint. My husband appeared and filed bond val 25000/ , but that women has taken stay from high court saying that she is his wife and i am not and i have filed false complaint. But she has not given any documentory proofs to the court and court stayed her proceeding without any documentory evidene

My querries :


1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)?????? as i am finding in all judgements that necessary cerimony of 2nd marriage should be proved.???????????

2. is high court fair in ordering without proving her his wife???????

3. Plz provide me any related judgment in conviction of bigamy

Manish   23 February 2011 at 17:38

Sec 279 and 337 Of IPC

I was driving my car and met with an accident some days ago.The other two persons were on their bike and the person sitting on the back of the bike got injured.Some one called the ambulance and it took that person to nearest hospital.I was in a hurry as my father was also in hospital and i left the place of incident as soon as the ambulance took the injured. After two days of the happening of incident the other party lodged the complaint and police registered the FIR under Sec 279 and 337 Of IPC.Though i got bail but the car is still in the possession of police for which application for superdari is already made.What is the best thing which can be done in this case, compromise between the parties and if no compromise comes into existence in future then how long the case would take and what the ultimate result will be,Punishment in form of fine or imprisonment or both and how to avoid imprisonment in this case.

Anonymous   23 February 2011 at 15:03

Pls explain

Thanks a lot Mr Bansal.

Please explain in detail what is filing writ in high court. Also the process and what are the chances of such application being granted,

Anonymous   23 February 2011 at 14:50

Return of passport

Thanks a lot Mr Subramanian for your quick response to my query of time limit for filing chargesheet.

Could you please also guide me to get my passport back from the passport office.

They have sent me a letter that they can return my passport only if i give them the court order of acquittal from the case or if the matter is settled. They also mentioned that i can get my passport under restricted passport factilities
GSR No. 570(E). The police can take another 10 years of time to file the chargesheet as all the other people named in the complaint are either absconding or not traceable. Do i have to suffer for no reason.

Please advise.

sandip   23 February 2011 at 10:55

querry

IF AN APPLICATION FOR DISPOSAL OF PROPERTY HAS FILED BY APPLICANT U/S 457. UNDER WHICH SECTION AN OBJECTION SHOULD BE FILED

Anonymous   23 February 2011 at 03:35

Urgent Advice needed.

I am the original complainant it is the case of cheating in impersonation over the internet it was conspiracy meticulously planned and hatched by the accused it is an ongoing case in the trial court the police have framed him in the IPC section 420 the police grossly left out the other IPC sections to frame the accused. The Advocate of the Accused filed the petition in the High Court of Bombay Under section 482 of IPC to quash the case or to transfer the case to any other court. The accused gave a forged affidavit with the signature of the non-existing Registrar. The Affidavit had the counterfeit seal and stamp of different High Court belonging to a different state. I brought the fraud affidavit having a counterfeit to the notice of the Bombay High Court on which an inquiry was made by the Bombay high Court. All the reports have come from the other High Court stating that each and everything mentioned in the Affidavit is forged and false. The matter was in one of the judges court in Bombay, he did not take any cognizance of the forged doctored affidavit, he had all the inquiry reports in his hands even then he disposed of the case. And the accused has walked away scot free. The order was passed 2009. What should be my next course of action. Can I re appeal and challenge the order. Under what sections it is to be done. Do I have to file a Police complainant for the fraudulent affidavit? Please I am looking forward for your valuable advice.

aisha   23 February 2011 at 03:04

bigamy - summoning stay

I filed a complaint u/s 494. judge recorded my statement and he was satisfied with documents submitted by me as there was one adl session judge order in domestik violence case where she has stated that he has comitted the offence of bigamy. My husband and other women were issued summons .

Now my husband appeared in the court and furnished bond rs 25000 and nxt date was fixd for his evidence.

That women has taken stay from high court by saying that i am not his wife and she is married to him and alleging that District court judge has not inquired the matter.
My husband filed divorce case and then withdrew when i was granted maint. And now also i am getting maint in domestik violence case and same revision filed by me is pending in the highcourt.

Now my querry is

1 - Is high court fair enough to stay proceedings without hearing other party. Moreover she has not attached any documentory proofs as wife , she simply said she is married on so n so date only.??

2- Is it necessary for judge to conduct inquiry(crpc 200) when enough admitted documents ie also on govt record .??

3. does this going to effect my case ???

4. can i take action against that lady for misleading highcourt???????

Anonymous   22 February 2011 at 22:51

F.I.R.

CAN POLCE DEPARTMENT UNKNOWN REGISTER PERSONS F.I.R REGARDING ADULTRY.

Anonymous   22 February 2011 at 18:31

Doubt abt time limit for filing of chargesheet after furnishing surety

A complaint was lodged in economic offences wing against me & few other people for duping the bank for Rs. 31 lacs. I got involved in this although I m innocent. I got AB in 2009 & furnished surety in 2010. I have also cleared my share of liability by depositing the money in court. Till date no chargesheet is submitted and there is no progress in the investigation either. Pls suggest what should he do to come out of this mental harassment?
My passport is also submitted in the thane passport office by the eow. My husband is abroad and wants me to join him soon with my two year old daughter. Please help me.

ashish agarwal   22 February 2011 at 18:23

lot of confussion regarding jurisdiction area for filing a cheque bouncing case

My company have a head office in Lucknow and branch office in Mathura...client based in mathura issued work orders in my company's name addressing our head office lucknow and branch office mathura along with the post dated cheques. Cheques were presented in our bank situated at lucknow Now all the cheques are bounced and we have sent a legal notice to the client through our lucknow based advocate. infact the 15 days time for the payment is over and i have to file a case.
Gentlemen, Please tell me where should i file the case under n.i act of 138? obviously coz i live in lucknow so it wud be easy for me to fight the case in lucknow. Plz if possible answer my query with references to apex court's decision in this issue.
thanking you
ashish agarwal (businessman, lucknow)