cpc

regarding dv 2005 case


A girl which was already married under special marriage act 1954 section 13 in jan 2017 got married again under hindu marriage law in Oct 2017 by using fraude and shows that she is unmarried she and her family perform 420 with groom and his parents.
after 2 month of marriage some one inform groom that the girl is already married and then groom collect evidence of her past marriage and he founds marriage certificate u/s 13 SMA 1954 .
finally an meeting was arranged where bride's parents accept that they cheats and never share the information regarding bride's first marriage with groom and his parents .

at last no settlement was taken place between both parties so groom files case u/s 495 120(b)
and section 11, 17 HMA. both are in trail and launch FIR u/s 420 ,406 IPC

after couple of months bride try to file false case of 498 but fails to do so but she files false case under Domestic voilance 2005 .

*most important : No divorce decree from court has been taken by bride for her her first marriage which was solemnised under SMA 1954 (before 1 year even parties can not apply for divorce in sma provisions) instead of digree she registered a deed of separation in registrar office (it is not valid as per provision of SMA) so her first marriage still exists.

My queries are :

1. the cases of groom are based on evidence and true and files before bride side case so what is the effect of both cases on DV 2005 case file by bride ??

2. is it possible that due to cases which files first by groom are helpful to dismiss the case files by bride??

3. in DV 2005 case is there any procedure for arrests??

4.whats if groom did not attend the hearing of DV 2005 case and sends his reply to court that 2 cases are already in court against bride side and bride intentionally file case to harass groom side ??
 
Reply   
 

DV from her side is basically a counter case.

If you have strong evidence about her first marriage, then gravity of DV case is low.

But she files some other cases then it may go against you.

 

 
Reply   
 



@Deepak thnx for reply what else she can file she tries for 498 but at initial stage case dismissed at counselor level
 
Reply   
 
Freedom

file 494 bigamy case . in DV there is no arrest or punishment but just a protection order if she can prove the allegations. contest the DV case
 
Reply   
 
solve problems in criminal cases. lawproblems@gmail.com

You have to contest the cases in court..

 
Reply   
 

@stanely yes I filled u/s 495 which is applicable for bigamy for girls and yes I will contest the case in court I want to know can I use 482 ipc for quashing the DV case in high court??
 
Reply   
 
Freedom

yes you can .
 
Reply   
 
solve problems in criminal cases. lawproblems@gmail.com

No quash, you have to contest in lower and first prove  and / or disprove evidence. Remember there is alway advocate on other side and he or she knows law and procedures.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

IPC Grand Course     |    x