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(Guest)

498a and dv act so confused

I got married in 2008 its arranged marriage.

After marriage ,for marriage expenses i had spended lot of money so i kept my wife jwells in bank without knowing her, problem started and i asked money from her parents for starting a bussiness, lot of misunderstand and they had given complaint in womens police station on 2009 dowry compalint and she dont want to live with me. In police station we got compromise and settled to mutual divorce. written in a bond sheet and we got divorced. 

Now she got married and having a kid.


After this in 2010 i married a girl through marriage portal site.That girl she had loved a Guy,and ran with him.He had promised to marry and cheated, so he told the truth and searched for a guy, who suffer like her in life to marry.


We know each other through marriage portal and with parents blessings got married and registered.Now same problem between us,She adjusted  me a lot but my time and my anger made her to give complaint on me and 498a had been filed now i am on bail.

now dv had been filed.

Before the second marriage she asked me for first divorce certificate i showed her a duplicate certificate and made her to belive. because first marriage is not properly divorced.


Now second wife had searched the first wife house and enquired about me, they had told the previous.

Now second wife having the complaint copy of first wife given in police about dowry harrashment.


i am so tensed now whether that will help her in 498a now

what i can do in dv?




Learning

 10 Replies

T. Kalaiselvan, Advocate (Advocate)     17 March 2014

The second person can file another dangerous case against you on the grounds of bigamy besides cheating her with a forged/fabricated false divorce decree document.  It is better to understand your position at lest now, realize yourself, mend your ways, make compromises through negotiations and amicable talks and come out of the crisis properly so that you are not faced with serious charges attracting severe punishments.

1 Like

great india (manager)     17 March 2014

You had already posted this query Wats wrong with you. Its a repeat query

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 March 2014

I completely agree with Mr. Kalaiselvan

she can file another criminal complaint against you u/s 493/494/495/496 of IPC and these sections are more serious then 498A/406 of IPC.

so it will be better to settle the matter amicably.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 March 2014

I completely agree with Mr. Kalaiselvan

she can file another criminal complaint against you u/s 493/494/495/496 of IPC and these sections are more serious then 498A/406 of IPC.

so it will be better to settle the matter amicably.

Biswanath Roy (Advocate)     18 March 2014

If you do not want to face serious consequences you settle up your differences with your second wife immediately.at any cost.


(Guest)
Thanks for the advice. Dv summon had been served through Sp of police to my mother, rest not at home. Shall i can ignore and say my mother not signed it. or all the members have to attend the date? Me and rest members never received the summon.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     22 March 2014

Though the laws are gender biased but in the given circumstances both are guilty.

 

Once the 498 A is filed now time has lapsed to add other sections of IPC. The marriage is void  OR VOIDABLE so 498 A case will ultimately fail.

 

D V  act provisions are draconian but the spouse is not aggrieved person u/s 2(a) since domestic relationship u/s 2(f) can not be proved.

 

However there will be lengthy legal battle and in the best interest of both keep the option of compromise always open.


(Guest)
Thanks for the advice. Dv summon had been served through Sp of police to my mother, rest not at home. Shall i can ignore and say my mother not signed it. or all the members have to attend the date? Me and rest members never received the summon.

(Guest)
Thanks for the advice. Dv summon had been served through Sp of police to my mother, rest not at home. Shall i can ignore and say my mother not signed it. or all the members have to attend the date? Me and rest members never received the summon.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     13 April 2014

Contest the cases properly in court. 498a and even DV cases are easy to win .

 

However keep the doors of compromise open and knowing each  others faults try to live peacefully.


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