Dismiss/close the 498a,506b case- as marriage is not valid
IK
(Querist) 20 March 2013
This query is : Resolved
To
Lawyers Assn.
Legal Experts.
Sub:
1) Dismissing the case 498a, 506b Court.
2) Another case Divorce Petition filed in Family Court.
3) Family Court now Dismissed the Petition stating has Not-Maintainable and Marriage between two is not valid.
4) How to dismiss/close this 498a, 506b case. What is the procedure.
5) We taken certified copies of the dismiss divorce petition
Dear Sir,
I am Mr. Khan residing at Bangalore City and respectful citizen of India. I have some queries and require a legal advice with Citations or Judgements from you. It would be highly appreciated in this regards.
Matter:
The Boy (Muslim) was student in 12th std. In the year 2003, the boy (Muslim) used to go to tuitions. In the tuition, a Girl (Hindu) had became friend with him. Even she was coming for 12th std tuition but from other college. The Boy family background is good. His father is well respected Educationist and Mother is also Professor. The Girl family background is not good. His father is a Mestri (Contractor) and Mother is Housewife cum Dancer. They resided in very bad area in Bangalore were people mentally and quality of living is not good & famous for dirty things.
During there tuitions, her friends used to meet the boy’s friends and the same way this Muslim Boy and Hindu Girl became friends. The Hindu Girl came to know about the Boy’s family status, he used to go in Car and bike. Firstly the Boy tried to avoid, but off sudden many times she used to come to Boy with flattering talks and emotion and ask the boy to help her.
Then this relation went further on, she started telling that she is in love with Muslim Boy. Then, she was always trying to woo and attract him. One day, she told that she cannot stay away from him. So she told that they shall runaway from their houses.
The Boy was also became emotional with her. So, one day they ran away from their homes. Now, she forced the Muslim Boy to marry her. Firstly the Boy got scared and avoid but she pressurized saying everything she and her friends has arrange. The boy was in dilemma.
She took him to one Sri Ganesha Temple in the outskirts of the city and made some rituals and also she told to the Priest that Muslim Boy name is Rajesh(Hindu Name). But the Boy has not changed is Name legally (Still present he is a Muslim with his muslim name only). They taken photo of the pooja and both of them standing together. Some 8 photos have been taken. Then, the boy was afraid. They went back to their homes without informing anything to their parents.
Later on, the Hindu Girl started blackmailing him. The Boy never made contact with her again. He told to his parents that he want to studies further in abroad. So, they sent him for studies. Now after some period of time that girl with her mother started blackmailing the boy's parents. This is how it happened.
Now the Case,
1. After longtime, in 2006 the Girl Registered a Complaint in the Police station as 498A, 506B under DP Act.
2. She now in 2012 registered a Divorce Petition u/s 13 in Family court also.
3. She stated they are married as per Hindu Rituals. Photos in Temple taken. (But No Proof of Marriage Certificate or affidavit or any legal document issued from the government or court authority).
4. She filed Divorce Petition u/s 13 of HMA in Family court also now in 2012.
Now, I have given all the facts and details about the incident.
1. Its inter-religion.
2. No marriage documents.
3. She never lived at Boy’s parents house.
4. Change of Name.
5. No religious conversion taken place on both sides.
* * * * * * * * * * * * * * * * *
Present Status:--
1) In the 498 case, this case is running still in the court. Now its in Statements, Further Steps.
2) In the Divorce case in Family court, we have submitted the Supreme Court decision that 'Inter-Religion Marriages are invalid under HMA'.
We have submitted Application under 151 to Dismiss the petition, has the case is not maintainable.
3) Hence, now Family Court ordered and Dismissed the Petition stating has Not-Maintainable and Marriage between two is not valid.
Questions:-
1) How to immediately Dismiss/Close this 498a,506b case. What is the procedure.
Sir, this is a sincere request with your kindness. Please help us with the above details.
Thank You
Devajyoti Barman
(Expert) 20 March 2013
1. It is not likely to be dismissed so soon though you may go for quashing.
Sudhir Kumar, Advocate
(Expert) 20 March 2013
Marriage is void and the boy is guilty of rape as he has entered into sex while the lady was under the believe of having been lawfully married whereas there was no marriage.
Void marriage is no license for dowry demand. So 398a will be closed on merits only not on the basis of marriage being void.
