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Shohn (President)     23 January 2013

Bigamy 494, 497 and 420 - need help

 

 

 

Dear all,

Im a business man from India. Iam a muslim and I married a muslim girl according to muslim marriage order. Unfortunately, due to some issues I was forced to give her a divorce letter within a month after marriage. In the divorce letter I clearly mentioned it like "hereby giving you ONE TALAQ (divorce) as you requested". We didn't divorce through court. After giving the letter, this girl and her father started harassing me and my family members including my elder mother and father by asking a huge settlement money, and finally filed a false 498A against all my family members. They sent corrupted police officers to arrest me, they spread bad news about me etc. Now I heard that this girl is got married to another man (with whome she had relation before) recently and I got evidence of their marriage. I need to fight back. According to muslim law the divorce will be complete only after giving "THREE TALAQ". The man have the right to take her back even after giving "TWO TALAQ". As I gave her only one talaq and we didn't divorce through court, can I file a 494 (bigamy), 420 (cheating) against her and 497 (adultery) against him? Please give me some points and tips.

I dont want to interfere in her life, but I just want to fight back and want to bring them for a mediation talk.

I think 498A is one of the most mis-used IPCs in India.
 
Thank you all.


Learning

 3 Replies

Tajobsindia (Senior Partner )     23 January 2013

1. If evidences i.e. proof of her second marriage is very strong then you can only file against her second husband case under S. 497 and S. 120 B IPC making her as accused person # 2 and her family members also.
2. You can try S. 420 IPC.
3. Rightly thought out, such counter cases based on strong preassumption (evidences) will bring pressure on them to come to negotiation table, provided you have backing of a seasoned criminal lawyer on para 1 and 2 r/w the evidences which you say you have needs to be of silver quality.

 

1 Like

(Guest)

You can file 494 IPC against her, 497 against her husband with 120B against her if you have strict evidence to prove the commission of these offences by them. 420 IPC would not stand against her having regard to the stated facts. If these cases are backed with legally sustainable evidence it may just bring her down on her knees. You may also go for quashing of 498A against you.

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

Shohn (President)     24 January 2013

 

Thank you so much for the replies. I got some more questions, please.

As I gave only One Talaq, can she marry again? 

Could you please explain 120B? Against who all should I file 120B (?including her father)?

How about IPC 495?
 
Thank you in advance.

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