Close/dismiss 498a case procedure - as marriage is not valid
IK
(Querist) 26 March 2013
This query is : Resolved
To
Legal Experts.
Sub:
1) Dismissing/Closing the case 498a 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
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, 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.
** Now the Case,
1. After longtime, in 2006 the Girl Registered a Complaint in the Police station as 498A 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.
* * * * * * * * * * * * * * * * *
+++ Present Status:--
1) In the 498 case, this case is running still in the court. Now its in Statements, Further Steps. (But the PP is taking next dates always).
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 case. What is the procedure.
Thank You
Raj Kumar Makkad
(Expert) 26 March 2013
498A is maintainable even in the live in relationship. Though the boy shall get entire benefit of the decision passed by family court nullifying the marriage between the two but at this stage, the criminal court cannot decide its case on the basis of the decision of the family court.
Criminal procedure is entirely different than the civil so you have no other option but to wait for some more time as the case has ultimately to be dismissed in the given facts.
Devajyoti Barman
(Expert) 27 March 2013
Repeated query with variation.
The 498A case would be closed immediately.Even if marriage is declared invalid, it would continue.
Sudhir Kumar, Advocate
(Expert) 27 March 2013
Multiple queries on following threads
http://www.lawyersclubindia.com/experts/Required-point-wise-legal-advises-on-498a-506b-304251.asp#.UVJcpTchHfM
http://www.lawyersclubindia.com/experts/Legal-advice-required-on-our-case-498a-506b-under-dp-act-303816.asp#.UVJcyzchHfM
http://www.lawyersclubindia.com/experts/Citations-Judgements-stating-Inter-Religion-Marriages-are-Invalid-351376.asp#.UVJc4DchHfM
http://www.lawyersclubindia.com/experts/-Citations-Judgements-stating-Inter-Religion-Marriage-are-Invalid-351626.asp#.UVJdCjchHfM
http://www.lawyersclubindia.com/experts/Provide-the-judgements-citations-saying-that-marriages-between-different-religions-are-invalid-352021.asp#.UVJdHzchHfM
http://www.lawyersclubindia.com/experts/Provide-the-judgements-citations-saying-that-marriages-between-different-religions-are-invalid-352026.asp#.UVJdNDchHfM
http://www.lawyersclubindia.com/forum/Citation-jugdements-and-dismiss-quash-these-petitions-73112.asp#.UVJdWjchHfM
http://www.lawyersclubindia.com/experts/Dismiss-the-Petitions-378201.asp#.UVJdbjchHfM
http://www.lawyersclubindia.com/experts/Close-Dismiss-498a-Case-Procedure-As-Marriage-is-Not-Valid-381136.asp#.UVJdmDchHfM
You have been advised well and repeated query does not change law.
Do not take viva of experts.
ajay sethi
(Expert) 27 March 2013
repeated query no reply
Raj Kumar Makkad
(Expert) 28 March 2013
If the querist has already asked repeated queries on the same subject as per details provided by Sudhir, no need for any experts to reply further.
