Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rti act

(Querist) 13 July 2012 This query is : Resolved 
Dear Sir,

My in-laws has given a forceful marriage of my wife with another someone in their religion during the substance of our marriage. I am hindu and she is muslim and we got married under special marriage act.

I have no evidence with me about her 2nd marriage. so i am unable to suit any case U/S 497, 493, 366, 365 IPC.

Is there any process to get copy of Nikha nama of her 2nd marriage under RTI act.?

if yes, let me know the procedure, that is where and how to apply, and how much time it will take.

Devajyoti Barman (Expert) 13 July 2012
If you have eye witness then also you can proceed to file case bigamy.
Documentary evidence is aptly substituted by oral evidence as well.
B Pradhan Singha (Querist) 13 July 2012
though there was a big & gorgeous marriage ceremony and more than 800 men were invited, but most of them is unknown to me, some of them although known, but unwilling to give witness as because to avoid communal threat.

So, I have to collect evidence through legally.
Rasik Dagli (Expert) 14 July 2012
RTI Act does not apply to private bodies. You should find out other ways.
R.K Nanda (Expert) 14 July 2012
No, u cannot get it by RTI.
M V Gupta (Expert) 14 July 2012
FIR may be filed against the parents of the girl for forcing ur wife in to a second marriage while the first marriage with u is subsisting. But u may have to provide certain facts to the police so that they can investigate the matter and take action.
B Pradhan Singha (Querist) 16 July 2012
I have made a complaint to the P S but they don't take the cognizance of the matter and taken my complaint as a GD. thereafter I have informed all the fact to the SP, DG & IG of WBP, Human rights Commission, and also to the CM of WB. but having no action I have filed a petition before the CJM U/S156(3) and CJM ordered to the said P.S. to start a specific case and investigate the matter. but police is still in active.

Therefor i think to file a private case, and because of that i need a evidence of her 2nd marriage. I have no contact with my wife. I think she is under threat and are confined.

So, please let me know how i can proceed... what legal step should i take... may i apple to state Human rights Commission/CID for police non action?

please help me..

If i file a writ of habeas corpus at this stage, is there any chance to be rejected the petition?
M V Gupta (Expert) 16 July 2012
Having filed private compliant in the Magistrate's court, move the court once again with an application for expediting the investigation by the Police. You may have to follow up with the police. Filing of a writ as proposed may also be considered if nothing moves.
Dr J C Vashista Online (Expert) 17 July 2012
A writ of habeas corpus shall be the best option, however, you may move application u/s 156(3)/200 Cr. PC.
Whatsoever, in order to substantiate your version/averment evidence (oral as well as documentary) shall have to be collected by any means,
Sudhir Kumar, Advocate (Expert) 06 September 2012
Full sympathy for you. You have opened so many threads on the same issue :-

You are advised to put all queries on one thread instead of getting confused.

Facts shown in these threads indicate the you are on good legal footing.
Dr J C Vashista Online (Expert) 08 September 2012
Habeas corpus petition is the best option
V R SHROFF (Expert) 08 September 2012
Writ petition in High Court of habeas corpus is the best option,

You only say, my wife is caputured by her parents. Let them prove the second marriage etc in their defence after produceing her before hc .

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