164 crpc statement treated as complaint

B Pradhan Singha (Querist) 07 September 2013 This query is : Resolved
Dear Experts,

In a case matrimonial case, wife given statement U/s 164 Crpc that she was forced to sign in marriage registration but after 3 years of marriage and 2.5 years of her statement she had not file any case to cancel the marriage on the ground of forceful marriage U/s 25(iii)of SPA.

Now, in the proceedings of the case, she submit in written that her submission/statement as a witness and victim U/s 164 Crpc to be treated as complaint for force to marriage.

So, can the court may treat her 164 Crpc statement as a initiation of proceedings to cancel the marriage U/s25(iii) of the SPA?

Also, another point is that, she had not oppose on the ground of consummated marriage. Can she ask FOR ANNULMENT OF marriage where she had no objection about consummated marriage?

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Advocate Ravinder (Expert) 09 September 2013
She can file petition for annulment of marraige as there is no consumation as well as forced marraige.

V R SHROFF (Expert) 09 September 2013
Those who forced her will be punished/ arrested first!!!!!!!!!!!

Criminal Court cannot annul marriage being Civil Matter.

A 30 year old Lady kidnapped!! Forced marriage and keeping Quite for a year and more???
Was she tied up in house??? no neighbour to help her going out to Police Station and Complaint??

Unbelievable.. No prudent man can accept it...

Cannot initiate Cr action, cannot annul marriage too.

She is legally wedded wife.

Raj Kumar Makkad (Expert) 09 September 2013
Reply the relevant questions raised by Shroff first.

B Pradhan Singha (Querist) 10 September 2013
Actually, I am the husband.

There was no forceful marriage, but after marriage her parents separated her from me and I lodge a case U/s 365,366 506 IPC.

In the mean time, she got married again under W B Muslim marriage reg. act.

During investigation of my case, police raid her house to rescue her but she didn't found there, as she was in her 2nd husband house.

After this, she come to the court and given a statement that, I forced her to sign in the registration.

After her statement, police stop the investigation & also threat me withdraw the case.

Now when I challenged her statement, she threat that, she will file a case for forceful marriage and will send me to the prison.

Can she do this, when it's already 2.5 years over from her statement.

I read that,under SPA'1954 a marriage can't be annulled by any court, if the proceedings didn't instituted with in a year.

Is there any risk for me for her above threat? Actually, I am innocent and with truth, but circumstances didn't give me justice.

she had played with me since 12 years, and marry me so that i can't marry again.

May I charge her for bigamy?

I ask her parents for mutual divorce, but they are not agree.

Relying her, I suffer many much So, I want to give lesson her.