Opinion needed
vimal singh
(Querist) 18 May 2014
This query is : Resolved
I Have two wifes,first marriege held in 1995 with full rites, and second wifes stayed with me without marriage as wife and she has a daughter with me form nov 2005, in Nov 2005 Her father register a case against me u/s 363/366 . that time we present in HC and she states in HC that she live with me with her freewill as frnd no statement was given by her about any merriage. Now in Sep 2013 she register a FIR against me u/s 376/494 etc stating that I have marred with her in 2005 without telling me that i m already married and she come to know abt my first marriage after birth of one daughter then she lived seprately and im forcfully raping her continuesly till now. we both are working in central Govt she get JOb on the basis of that she is unmarried. Now she wsants to change her statement in front of court that FIR was written in pressure of someone and FIR has no relation with realaty FIR Totaly worng. Now prob is that if we disclose that we are married then losses our JOb as restriction of marrieages. If she chage her statement in court that FIR was written in pressure and has no realty then court may be take action against her us 182 . Now plz give ur opinion what can I DO.
Devajyoti Barman
(Expert) 18 May 2014
This is called catch 29 situation.
You did a sin and should be ready to pay a price.
Ask your paramour to withdraw the FIR . There is no other alternative.
Sankaranarayanan
(Expert) 18 May 2014
opt reply given by Sri Barman i do agree with him
Raj Kumar Makkad
(Expert) 18 May 2014
There is no law withdrawing FIR rather a statement under section 164 Criminal Procedure code should be made by her before magistrate with the help of IO to the effect that she was forced by someone to lodge such FIR, however, her earlier statement (though oral) made before high court that she is wilfully residing with you, is correct and thus she do not want any action against you at any cost.
The Court generally do not recommend lodging of counter FIR under section 182 as anticipated.
Rajendra K Goyal
(Expert) 18 May 2014
Agree with the advise of expert Devajyoti Barman ji.
Biswanath Roy
(Expert) 19 May 2014
EACH AND EVERY ACTION MUST HAVE EQUAL AND COUNTER REACTION WHICH YOU SHALL HAVE TO FACE.
ajay sethi
(Expert) 19 May 2014
agree with Mr makkad
V R SHROFF
(Expert) 19 May 2014
Well advised; Wait for matter to proceed; you don't proceed.
T. Kalaiselvan, Advocate
(Expert) 19 May 2014
