IPC 494 on X-W
Anantha Sowrya
(Querist) 18 June 2011
This query is : Resolved
Dear Sir,
After filing a complaint @ my "X-W" parental jurisdiction about her about illegal marriage[secretly], i got a reply from the PS that it is civil dispute. Not satisfed with the reply given by the SHO, i went to the PS and had discussions with the IO/SHO, that how my complaint is a civil dispute when family law i.e (498a) is a Criminal dispute.
Then the IO/SHO told to file a complaint to the PS of respective jurisdction i.e where the marriage has been held, which is 5 kms far from my "X-W" residence.
My Question
- The complaint will be entertained by the PS?
if so, can i file it through Speed Post/Regd Post with AD, as such, i am from a different city.
- In my complaint should I request to book a case U/s 494 IPC
- The enclosures [exhibits i.e Secret Marriage Certificate, RCR filed copy, Copy filed in the AP High Court to set-aside the divorce petition [which is pending] with the complaint are mandatory to regiter the FIR.
Or
Can i submit the enclosures to the PS, after registeration of FIR, if needed be.
Please enlighten me.
PALNITKAR V.V.
(Expert) 18 June 2011
Ex wife means what? Ex wife means that she is not your wife at present. If she is not your wife at present, you can not complain about her remarriage. But if your marriage still subsists, then you are at liberty to file FIR or private case in court if you have prima facie proof about second marriage.
Santosh Goswami,Advocate
(Expert) 19 June 2011
You may enclose all these documents.Since the divorce suit is pending, he has certainly committed the offence u/s 494, and with the support of documents you have , you may put him behind the bars.
919555462
Arun Kumar Bhagat
(Expert) 19 June 2011
Send it through Speed Post/Regd Post with AD it shallbe regsitered.
You can mention section of 494 IPC.
The enclosures [exhibits i.e Secret Marriage Certificate, RCR filed copy, Copy filed in the AP High Court to set-aside the divorce petition [which is pending] with the complaint are mandatory to register the FIR. You send photocopies of the said documents.
