May i file complaint to the commissioner for misleading ?
Kavitha SG
(Querist) 31 December 2018
This query is : Resolved
Hello Team,
As I got Marriage registration proof for my husband's second illegal marriage and I have filed the complaint under IPC sec 494 against him.The complaint is under investigation towards police in the Maharashtra now.
That my husband and his second illegal wife have mentioned their Marital Status as "Unmarried" into the Registrar office of Bangalore to get the Marriage Certificate where as my husband is not divorcee yet and she is divorcee.
I had filed complaint to the concern Police Station that they both have furnished wrong information to get the Marriage Certificate.But the P.S. have closed the case by stating that I have already filed the case under IPC 494.
But my complaint to them was to inquire and take action against both my husband and his illegal wife as they have furnished wrong information to the Registrar office and deceived the state.
Under these circumstances, Can I file the complaint to the Commissioner or advice if any.
Thank you...
kavksatyanarayana
(Expert) 31 December 2018
As you have already filed case in the court. so you need not to complain against them in PS. If the case is in your favour, necessary action will be taken against them. Did you not ask your own counsel in this regard?
Vijay Raj Mahajan
(Expert) 01 January 2019
Complaint made to police under section 494 IPC will not be registered as FIR in the state of Maharashtra as there it is non-cognisable offence. For this reason your complaint was not entertained and registered as FIR by local police. More over the complaint under section 494 IPC is already filled by you in court.
You seek help of local police to get evidence of marriage ceremonies of your husband's second marriage that you are unable to secure for proving charges of bigamy against him.
Now police is not going to help you to secure that evidence.
Moreover you husband is not a fool that he would have actually got married second time, he must have just on the basis of fake information and documents got the marriage registered.
For proving charges under section 494 IPC you as prosecutor have to prove marriage ceremonies of both marriages which definitely you are unable to prove hence indulging in all this drama posting questions here in this forum.
You should better go in for divorce by mutual consent and settle down in life rather wasting time in unnecessary litigation that will take you nowhere.
Kavitha SG
(Querist) 01 January 2019
Respected Experts,
Thank you for your valuable suggestions.
Let me tell you that my husband is not ready to set the matter mutually.He only want to harass us.
He said he doesn't want to settle the matter.Also said me"Tuzse aur tere bachche se koi lena-dena nahi".He will send money to manage the whole entity but will not give a single penny to me and our son.Also, said "Tu mera kuch bhi nahi bigad sakati, main jo chahe wo kar sakta hu, maine court me 25 lacs kharch kiye hai, koi mera kuch nahi kar sakata". Such statements and behavior is not acceptable also against law and someone's right.
Not necessary that all the time only woman will be in fault, man can too.Now,he got married to his college time girl friend after 7 years of marriage where as he could have do this before our marriage too,
No one has right to spoil either mine or my son's life. He has done wrong to us which is again law and humanity.
So, if possible then suggest or advice accordingly.
Thank you.
Sudhir Kumar, Advocate
(Expert) 01 January 2019
you are proving in court that he has committed bigamy. Once you are able to do so then it is clear that the marriage was registered by misleading the authorities and d number of IPC provisions will lie against the due. Move step by step.
Kavitha SG
(Querist) 01 January 2019
Thank you...Sir for your response.
P. Venu
(Expert) 01 January 2019
Once you prove your marriage, the marriage certificate itself would render him liable for the offence of bigamy. It is unnecessary that you should be obsessed with the information he had furnished for performance/registration of the subsequent marriage without getting a valid divorce.
Dr J C Vashista
(Expert) 02 January 2019
Presumably you are professing Hinduism, isn't it ?
Further you have already consulted and engaged an able, competent and intelligent lawyer before institution of complaint case u/s 494 IPC, isn't it ? What is his/ her advise qua your question ? Have you lost faith in him / her (your lawyer) ? If so, change him / her (lawyer) immediately.
You have to collect/ submit / exhibit sufficient evidence to prove the case already pending in Court, which has jurisdiction and powers to hold him (accused) guilty and punish, wherein police has neither any jurisdiction (which ends after investigation in cognizable offence but not in instant case) nor any power to proceed / punish.
Kavitha SG
(Querist) 02 January 2019
Hello Experts,
Thank you for your valuable time and suggestions.
Yes, I have collected all the certified copies but my lawyer said those certified copies I will have to submit into the court during the time of my cross-examination not yet.
