1 month baby in trouble !

Aftab4u (Querist) 16 November 2012 This query is : Resolved
494 case FIR registered on husband and wife both are muslims the husband given divorse to first wife in the year 2009 and performed 2 marriage in 2010. now the first wife booked a case on the husband and 2 wife in section 494. the husband has taken the AB but wife has not taken any AB .. at present she is blessed with a baby who is 1 month old.

Please suggest should the 2 wife take the AB? can the police arrest her what are the remedies available to her under the law.

The baby who is 1 month old what is his crime should we apply AB to him also....Pls advice.

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Sudhir Kumar, Advocate (Expert) 16 November 2012
why not to apply. Such a small baby may not survive in lock up.

Raj Kumar Makkad (Expert) 17 November 2012
There is no crime on the part of such husband and his second wife as according to Muslim law second marriage is valid and moreover, this matter is to be seen on merits and now at this stage, second wife shall surely get anticipatory bail if she applies.

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