(Guest)

Bigamy & 498a

Parties dont reside India are foreign nationals only mistake marriage happened in india and divorce occured in presence of ex wife in 2011 since than remarried and to harass further a case against whole family put against Bigamy in 2014 ..corrupt police of india send the case to court inspite parents giving evidence stating legally divorced and doesnt live in India magistarte gave date and wrote next hearing bail.

Please advise ...Should we go directly to HC for quash ? or take bail and fight case ?

As already 498a case going ...charged laid and we are planning to go to HC for quash ?

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5 Replies

Pratap K Pushpakaran (Advocate) 03 November 2014

if you have documentary evidence with regard to divorce and remarriage after such divorce then move the HC court to quash the proceeding for offence of bigamy. however husband cannot prosecute wife for bigamy under indian penal code

if facts are specific clear opinion can be formed. your facts are almost confusing

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 November 2014

filing quashing is best option

P.THANGAVEL (ADVOCATE & LEGAL CONSULTANT) 03 November 2014

Kindly state all the facts in understandable & cogent manner so as to enable to form correct opinion.

(Guest)

We both live in Australia came to India for only marriage being oz citizen had to take visa at thst time in 2008 and went bck after marriage. Seprated in 2010 ...Divorced in Australia in 2011 happened under presence of wife. She lodged complaint in india 2010 498a . Police lodged FIR 2011 after divorce. in 2013 chargedheet lodged all have got bail and now 2014 girl lodges bigamy case. No complaint lodged in Australia against divorce. "Her plea marriage under HMA hence divorce in india when none of parties domicled there.Parents told police legal divorced occured there showed documents still bribed police send case to court. Next hesring court it says bail take. My question should be apply quash in hc or fight case in Lc ? Girl herself doesnt reside indiaworks in australua and her mil as poa keeps on lodging cases ? Hope its clear !!