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Rajaprabhu   24 May 2016

498a case inprogress but now husband married a woman

Hello All,

My sister was harrased becasue of dowry by her husband family but refused to allow back to her home after she gave birth to a girl baby. During this time my sister was in her father house. My adovcate requested court to direct police and file 498A as intially the police got money from that guy and refused to put FIR,  now the case is going in court, during this time my sister husband got married to another woman who  was separated from her husband but not divorced, the married happend secretly in girl father home, recently she(second wife) gave birth to a boy child. Please advise what action has to be taken in this case, my advocate told he will file a private case separatly on 494 because the 498A is being handled by public prosecutor.

Please advise

Thanks



Learning

 18 Replies

Q Slinger (NA)     24 May 2016

First and foremost, your story is not believable. Mainly because the world knows how women are misusing 498a. Second point being, no sane women would marry a person with 498a cases on him specially if had previously demanded dowry from other woman..your sister in this case. So, I am guessing your Brother in law 1) Did not demand dowry and 2) The allegations on him are false. 

I guess, besides your made up story, your brother in law did a wise thing by proceeding ahead with marriage to someone else rather than wasting his time waiting for the 498a cases to finish, which will obviously be in his favour. 

What I don't understand is, if your BIL harrassed your sister for dowry, why has your sister not filed divorce? Could the reason be that there was no dowry demand and further with 99.99% of 498a cases, its probably another extortion case. Even if you file a bigamy case on your Brother in law, chances of it standing are minimal and to top it off, your sister will have to run around with the small baby.

If you really want justice for your sister, get her to withdraw the cases she filed and compromise the case seeking monthly maintanence for the small child. Any other avenue you take will back fire on you, just like the 498a will.

1 Like

Rajaprabhu   24 May 2016

Hello Q Slinger,

We are living in sub urban chennai, tamilnadu, My sister got married in June 2008.

I have given my answer for your comments inline.

Sometimes truth will show more surprise than lies.

First and foremost, your story is not believable. Mainly because the world knows how women are misusing 498a. - It may be true in few cases but not all of them are doing the same, still many innocent women like my sister got trapped into cruel family. We are fighting with them from Nov'2009 for my sister's life. He tried many times in offering settlement through his advocates but we refused as my sister has one daughter and we dont need their money. My Sister daughter born in June 2009 but her husband sent divorce notice on Oct'2009 later court dismissed the case in Dec'2012 saying the petitioner is not appearing and wasted court time.

Second point being, no sane women would marry a person with 498a cases on him specially if had previously demanded dowry from other woman.. - The women which my sister husband got married second had already separated from her husband in 2 months but not divorced and they are living in village and not aware of 498a. they got to know each other in work place.

your sister in this case. So, I am guessing your Brother in law 1) Did not demand dowry and 2) The allegations on him are false. I guess, besides your made up story, your brother in law did a wise thing by proceeding ahead with marriage to someone else rather than wasting his time waiting for the 498a cases to finish, which will obviously be in his favour. - He did not do anything while my father was alive but as he died in Nov'2014 my sister's husband thought no one going to support my sister so he married that women. Till now he did not come to see his daughter from this you should be able to know about that culprit.

What I don't understand is, if your BIL harrassed your sister for dowry, why has your sister not filed divorce? Could the reason be that there was no dowry demand and further with 99.99% of 498a cases, its probably another extortion case. Even if you file a bigamy case on your Brother in law, chances of it standing are minimal and to top it off, your sister will have to run around with the small baby. - In tamilnadu even for big problem they will not go for divorce easily, you know 4 months back he met my sister in the court saying I will not marry anyone other than you, I will inform you once my parents die at that time you come.. from this you may undertand about that person character.

If you really want justice for your sister, get her to withdraw the cases she filed and compromise the case seeking monthly maintanence for the small child. Any other avenue you take will back fire on you, just like the 498a will. - A person who had spoiled an innocent girl life and 7 year girl child future in question which cannot be left just like that, he should be punished strongly by law.

Please guide us on why my advocate trying to file 494 as private case instead of attaching it to 498a case ?

Thanks

SAINATH DEVALLA (LEGAL CONSULTANT)     24 May 2016

Whatever it is, the so called marriage between the husband and his second wife is not legally valid as they have not been divorced from their previous marriages as per UR query.It is nothing but bigamy and punishable u/s494 ipc.

Q Slinger (NA)     24 May 2016

 In tamilnadu even for big problem they will not go for divorce easily, you know 4 months back he met my sister in the court saying I will not marry anyone other than you, I will inform you once my parents die at that time you come.. from this you may undertand about that person character.

This makes no sense whats so ever!! Why would anyone say that, if he was already married.

So he tried to settle the case via compensation and you rejected it and all you want to see is for him to go to jail???? Now you are trying to find ways to put hium jail for bigamy? Seems like you have some massive ego problems. Please do englighten me on how your brother in law going to prison will reverse the so called damage? I am very curious about this? 


Since you already have the knowledge and experience about the Indian judicial system, you know that it is up to you to prove cruelty in a 498a case (with solid evidences). Even if u were able to prove cruelty somehow...he will go for appeal in sessions, then on to High court and then on to Supreme court and that will take another 20 years easily. And lets say he is somehow convicted after that....the SC might put a meger pentaly on him and or might give him a few months jail sentence. 

 

Also, by then your sisters daughters would have been of marriageble age and your sisters age would have been lost running around the court systems.

 

I think rather than trying to take revenge, time for sister to curb her loses, and move on with her life. As you have rejected his compensation , if she is unable to provide and take care of the daughter on her own and give her a good life....your sister will be just as bad as you allege your brother in law to be! 

Good luck with your ill-intentioned endevours. 

 

Rajaprabhu   24 May 2016

Hello Q Slinger,

According to you! A men will marry a woman and give a baby, after some months will send divorce notice without any reason and will say ready to do settlement. The girl has to accept and the man will go for second lady. If that is the case why he wants to marry and why all this law ?

Q Slinger : In tamilnadu even for big problem they will not go for divorce easily, you know 4 months back he met my sister in the court saying I will not marry anyone other than you, I will inform you once my parents die at that time you come.. from this you may undertand about that person character.This makes no sense whats so ever!! Why would anyone say that, if he was already married. 

- He was trying to make my sister think that he will live his life with her so that she will not do anything and keep waiting for him and he will live happily with second wife some where. 

I have posted here to get advise on to punish the culprit by law. 

SAINATH DEVALLA (LEGAL CONSULTANT)     24 May 2016

The query is turning out into an unneccesary debate without an appropriate conclusion.

To put it in a nutshell this bigamy by the husband will add as a weapon to the wife for the already existing criminal cases.


(Guest)

People do mistakes, but one should not do mistakes so grave that one cannot correct especially in marital life, this fact your sister might have understood by now.

 

Going for 21b application in HC, asking for speedy trial will further prolong the course of justice.

 

Actually, in matrimonial matters there is no justice served.  If he has taken dowry, he will be punished in accordance with law.  But in the first instance if he has taken dowry, why did your sister give it?  Dont you know it is a punishable crime in eyes of law?  If her husband wants can also file a case against the whole lot of you, for giving dowry.  You are as much in vulnerable position to go to jail as he is.

 

Contrarily if you fail to prove that he took dowry, he can file perjury case on your whole lot, and lying  under oath is a punishable crime upto 7 years jail for it.

 

What happens usually in cases like your sister's is that, trying to prove a point will prove costly.

 

You guys got concerned, having one girl at home was one problem now there are two, let her go back, if this is true you should have thought very deeplly before filing 498a.  By doing that you guys closed all doors for reconciliation.

 

People such like your brother in law, when do marriage, they do it on basis of trust, rather than photos, inviting people, grand function.  To prove bigamy some argue that wedding card is enough, photos are enough, court itself will come out with middle solution for the problem if anybody has to go to jail. Make note of this point.

 

Your BIL has made up his mind, he will face what come his way in the future.  

 

I feel sad about your sister, why give dowry and then complain, why not adjust with husband and his folks, the girl now with your BIL isnt she adjusting, I bet they are not married and are just in trust livein relationship.  Proving all these facts also will take lot of years.

 

Finally where is justice?  Dont you think your sister did some wrong somewhere?  You might not agree like scores of other family members and brothers who have filed such cases, but who is suffering?

 

Your sister did wrong by rejecting settlement money then, I suggest your sister to go for settlement even now, her husband has moved on, she should also move on, by taking mutual divorce and hefty one time alimony if her husband is still willing to give.

2 Like

(Guest)

Fast forward 3 years: "We are fighting 498a case of my sister for 9 years. Now we added 494 also 3 years ago. Still sister's husband does not care, he is living happily with new wife and has left my sister and her child with nowhere to go. He is denying everything in court and not agreeing to take my sister back. Court is doing nothing, just giving more dates and prolonging case. We don't have any more money or energy left to fight in court. I am not trusting my lawyer anymore, I think he is playing games. What to do please help me"

 

Sarcastic Advice: Sell all your property and give all your money to a new lawyer. Spend some more money on detective to follow the husband and collect photos of him living his life happily. Every evening sit with entire family, watch these photos and cry loudly. Tell sister to write her sob story and approach film director to make tragedy movie.

 

Real Advice: You will get justice when your sister gets mutual divorce with some settlement, finds a better man to share her life with and raise child. You will get justice when you can bring joy and happiness back to family. Ending conflicts and moving on with life will bring joy back. This type of justice is nowhere to be found in any Indian court under any section of IPC. By pursuing tarikh pe tarikh in court you are giving your hard earned money to your lawyer and buying more and more sorrow for your family.

1 Like

(Guest)

Once relationship goes sour it cannot be revived via court. Court only makes it more bitter. Relationships can be revived but with love and understanding. That ship seems to have sailed now.   Any conflict after marriage has died is just recipie for prolonging your own pain. Indian penal code is full of bullsh*t and Indian courts cannot do anything other than give dates. Wake up from your slumber.

A walk alone (-)     24 May 2016

If you really want your sister's life happy then dnt file any case. Try for settlement MCD. I know its difficult but think your sister have already file 498a with no outcome. In India court only give dates to get any justice we have to roam court for decades. If your sister file bigamy first its need solid evidence. For this you have to hire detective. Detective will give evidence like photos videos . Then you will file bigamy it will take 4-5 year to prove. If you some how get justice her husband will appeal in higher court. It will take 15-20 years for justice. Your sister may get justice by loosing her 15-20 years In which she will only get harassment. Nothing else. Better she should also move forward in her life. She can still find some better one for marriage with whom she can forget all things. Remember one things as long your sister carry her past she will only get pain. I know its difficult but try her to come out from all this.

Rajaprabhu   25 May 2016

Hello,

I have got birth certificate of the new born child of my brother in law and second wife, his name and permanent address is cleraly mentioned,  with this evidence Is it possible to cancel bail he got for 498a case ?

Please advise.

Thanks.

Dana Kayoni (Expert Humanitarian and Lawyer)     25 May 2016

Originally posted by : Rajaprabhu
Hello,

I have got birth certificate of the new born child of my brother in law and second wife, his name and permanent address is cleraly mentioned,  with this evidence Is it possible to cancel bail he got for 498a case ?

Please advise.

Thanks.

Sir,

IPC 494 is different and 498a is different. If you have filed 494, that is different case and has no bearing on the 498a case you have filed.  A person if has secured bail for charges under 498a, he need not fear arrest.

 

How will you prove that the copy that you have got in hand is original?  What if opposite party gets some fake certificate in your name saying you are father of some other kid?  These things can be managed.  It requires more concrete proof than just photos, or wedding card or some witness who say that these two people got married.  What you need is to prove adultery is a video where both the parties faces are visible, shot through key hole or CCTV when they are engrossed in s*xual activity.  Other than that rest all are bogus.  A man and woman can just live in friendship, for marriage to be proved you need marriage certificate from the Registrar of Marriages, that is the only proof court will agree to.  Even law recognizes child of such relationship as legitimate. But point here is, its almost impossible to prove bigamy/adultery.

 

Without all this if some lawyer has told you he will prove adultery or bigamy, it is false.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 May 2016

Yes a valid evidence.

Rajaprabhu   25 May 2016

Hello,

Birth Certificate was issued by government and my BIL name, his second wife name, hospital name & address is cleraly given in the certificate. It also has the BIL residence address given in the 498a case.

Thanks

 


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