Urgent : 366/365/497/506 ipc
B Pradhan Singha
(Querist) 25 July 2012
This query is : Resolved
Dear All,
My wife was abducted by my in-laws 2days after our marriage. our marriage was solemnized under special marriage act. i am hindu and she is muslim. my wife parents also given her a forceful marriage with someone else during the substance of our marriage.
I have filled a suit U/s 156(3) and was allowed. FIR was lodged and Police are ready to arrest the accused and also to recover her.
As i somehow contact my wife, she want to stay with me.
1) If after recovery my wife given confessional statement u/s164 CrPC and desire to stay with me, is it necessary to inform her Desirae to her parents and 2nd husband?
2) can her parents/2nd husband force her to go-back with them.
3) I think they will do same harassment and threat to me and my family to release her, So, what Provincial legal step should i take.
4) What matter should she added in her statement so that her 2nd husband and her brothers don't get bell.
5) May she claim force to sex (really she was forced to sex with him) against her 2nd husband? If she is pregnant by 2nd husband, is there any section may imposed on him?
6) May her 2nd husband get relief from 497 IPC after clarifying before court that he was not aware about her 1st marriage. My wife had disclose about her 1st marriage to her 2nd husband and request him to set her at liberty so that she can came back to me and she will state it in her statement.
7) Is there any special point which should she added in her statement which give merit to the case.
8)her 2nd husband is a govt employee...so if he arrested and punished,,,is there any chances to lost his job?
please reply....
wait for your help....
Devajyoti Barman
(Expert) 25 July 2012
1. Yes she can either be sent to Women Shelter Home or to you.
2. No
3.Inform the Police to take necessary action. Cancelling their bail is another option.
4. Speak the truth.
5. Rape charges may be pressed.
6. That is subject of proof.
7. Truth and only truth.
8. Yes he would be suspended though he may be later reinstated.
Sudhir Kumar, Advocate
(Expert) 06 September 2012
If th esecond husbad is Govt servnt then it is a miscondut for him to marry another person's wife. RTI in his offce an yield evidence which you can use in court to prove as he may have reported marraige to deptt. complaint to his deptt can put him in Disc case.
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.
