Rajkumar Sheoran 13 June 2022

Application file under section 494

I have filled case against my wife under section 494 in the court for the birth of a child from a second marriage. The court has also got the child birth certificate by issuing summons to the birth & death department of government hospital. Now the court has given date of argument. Will the court issue summons to the culprits or will the police be asked to register an FIR. Please guide me what will be the next course of action and result.

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Sravika Reddy Kohir 20 June 2022

Hello Rajkumar Sheoran, I acknowledge your question. Section 494 deals with offences relating to marriage BIGAMY. Section 494 falls under the category of non-cognizable offences. The cases against which police can neither register FIR nor investigate or make arrests without proper directions from courts or warrants are called non-cognizable offences. In your case since the application has already been made and also evidence have been being collected, the next procedure shall be issuing of summons to the accused for in to appear before the court under section 61 of CrPC, since the date for argument is already given. The next consequence after issuing of summons is appearance of parties there by the first hearing of the case is initiated.

I hope I have answered your question.

Have a good day.