156(3) / 366,365,506,497,493 ipc
B Pradhan Singha
(Querist) 31 August 2012
This query is : Resolved
Dear all,
According to my FIR against my in-laws u/s 365,366,506,497 IPC, police has recovered my wife from her 2nd husband house and 164 crpc statement was recorded where she stated that she marry me on her self will on 27/03/12 and there after on 28/03/12 evening her brothers forcefully taken her back from me and by force given her a 2nd marriage with X of ABCD village, who is a teacher of Y school(govt.) on 1/4/12. And also stated that X (2n husband) force her to s_x with him. But now as she is conceived by X she doesn't want to came back and stay with me. although the stage of pregnancy can be abortion.
1) So, in which section police may made charge sheet and against whom? after charge sheet what will be the process?
2) As she refuse me, may it possible to charge against her u/s 494 IPC.
3) is 164 crpc statement is an evidence for trial.
4) at the time of trial, can she withdraw her 164 statement on the ground that it is false and can she Dennie her 2nd marriage?
5) may 497 can be imposed against X and be punished?
6) at the time of trial, if she want to came back, is it possible? and as she refuse to stay with me, is my husband ship became void/invalid?
7)Her parents threat me to withdraw the case/FIR. what should i do? actually her parents and currently she also insult me and my family. so i want to give them a good lesson.
note. being husband may i have right to ask medical test to proof 497 against X?
please help.
thanks
BPS
ajay sethi
(Expert) 31 August 2012
your wife has married again . she is pregnant with another man child . forget the case filed by you under section 487 of IPC ie adultery and opt for divorce by mutual consent . move on in life
ajay sethi
(Expert) 31 August 2012
legally speaking your wife has married agin during susbistence of earlier marriage . so case under section 494 is made out against her .
Section 497 of IPC says, "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting the offence of rape, is guilty of the offence of adultery and shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor."
under section 497 X would be guilty
B Pradhan Singha
(Querist) 31 August 2012
actually we both don't know, whose child is in her womb. It may also be mine?
she is also confused.
We got married after a 12 year courtship, and being afraid about the identity of the child she express her unwilling to come back.
another reason she tell me that her brothers may kill me if she came back. She also agree to abortion, if i can able to return back her. But her first choice is safety of my life and liberty, and for the cost of my life she agree to spoil her life with another one whom she don't like as husband.
so i think, i have to go legally.
Devajyoti Barman
(Expert) 31 August 2012
This case is beyond any legal complications.
It requires practical solution than any kind of legal solution.
What you have stated about your wife is not brightening at all to bank upon once again.
There is no dearth of women in this part of World.
Choose any of those and settle in life.
Raj Kumar Makkad
(Expert) 02 September 2012
You are facing trial and after the statement of your wife, you shall be duly discharged as you have not made any offence. Police has no option but to consider the statement recorded under section 164 Criminal Procedure Code. The other relationship has no concern with the criminal case pending against you.
Sudhir Kumar, Advocate
(Expert) 06 September 2012
Full sympathy for you. You have opened so many threads on the same issue :-
http://www.lawyersclubindia.com/experts/366-497-376-336576.asp
http://www.lawyersclubindia.com/experts/police-protection-336526.asp
http://www.lawyersclubindia.com/experts/164-CRpc-335121.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-335061.asp
http://www.lawyersclubindia.com/experts/URGENT-366-365-497-506-IPC-325251.asp
http://www.lawyersclubindia.com/experts/164-CRpc-322991.asp
http://www.lawyersclubindia.com/experts/RTI-Act-321936.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-321916.asp
http://www.lawyersclubindia.com/experts/is-2nd-marriage-legal-if-first-marriage-is-under-special-marriage-act-296866.asp
You are advised to put all queries on one thread instead of getting confused.
Facts shown in these threads indicate the you are on good legal footing.
