I have been married since 26-dec-2010.This is 2nd marriage for both of us. I have two kids now both are girl. Few days back I came to know that my wife did not took divorce from her 1st husband and marry with me and even she has filed a false case against her 1st husband and mother in law…when I went to my wife home to discuss all these then her parents abused me and my mom and they started arguing with us. When I ask my wife to come back home then she denied it.2nd day she and her family went to police station and gave them a application that I was demanding them for dowry and money. They wanted police to file a FIR against 498a immediately but police refused to do that and send us Mahila thana for counselling .After this I have given application to SP ,ASP women cell, collector and SDM that they may register a false FIR under 498a for me and my family. After 3 counselling my wife was not ready to do compromise then counselor found this and they have suggested my wife and her family to go to court and file case for me and they have written same thing in their final report. But after 4-7 days don’t knw how they have done the FIR against me my mom and my sister. My sister is married 2002 and she is staying in different city with her family but again she has added her name. We have applied for anticipatory bail but after hearing judge has given bail to my mom and my sister not me.Now I have applied anticipatory bail in high court whose hearing is pending….please help me what to do
First of all your marriage is not valid as she had married you without getting divorce from her first husband.in that case her 498a case against you is not maintenable. You can file cases for commiting bigamy, cheating and other criminal offences on her
Dear saravanan s thanks for your reply and suggestion.As you said my marriGE IS NOT valid that I knw but again how police has register the case....again after our three couselling ...they suggested to go to court....but again where they have managed and made this false..what can i do against police action.... What are different IPC section under which i can file case agaisnt them....mostly tell me what should i do now for taking bail and all?
At the outset,confirm inall aspects that she has not otained divorce from her first husband.Once U R able to prove it,then the FIR launched as no bearing and U can go for a quash, and in turn file bigamy/adultery against her.What is UR local lawyer doing all these days,delaying the matter further.