sec 138 of N.I.Act - reg
srinivas
(Querist) 31 May 2010
This query is : Resolved
Sir,
in one case complainant(wife's second marriage) filed 498-A against the second husband and first marriage still is subsisting and the complainant have agreement before elders with first husband as they are separated, can i go for quash
PLS Advise, is there any judgements
A V Vishal
(Expert) 31 May 2010
"Sir,
in one case complainant(wife's second marriage) filed 498-A against the second husband and first marriage still is subsisting and the complainant have agreement before elders with first husband as they are separated, can i go for quash
PLS Advise, is there any judgements"
Your header says S.138 N.I act whereas your query pertains to 498A, what is your query regarding? you look confused.
srinivas
(Querist) 31 May 2010
by mistake i mentioned it 138, but i am asking for 498-A only
G. ARAVINTHAN
(Expert) 31 May 2010
who are you? first or second husband?
A V Vishal
(Expert) 01 June 2010
The second marriage is void ab initio, a complaint u/s.498A is invalid as per my opinion.
Pankaj Kundra
(Expert) 01 June 2010
According to me also the second marriage if the first has not been legally dissolved is not valid . Hence the question of compalint u/s 498A does not arise
Arvind Singh Chauhan
(Expert) 01 June 2010
But what our SC held on the same issue, please go through the attachment.
Arvind Singh Chauhan
(Expert) 01 June 2010
Sorry I forgot to attach.
But what our SC held on the same issue, please go through the attachment.
srinivas
(Querist) 01 June 2010
i am second husband
A V Vishal
(Expert) 01 June 2010
Although facts in the instant case differ, that the complainant has re married during subsistence of her first marriage, it will have to be seen what supreme court has to say in such matters since it is a fact that the supreme court has over ruled or dissented some of its earlier precedents.
