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Rahul (Tech Arch)     10 July 2010

Fake marriage

Hi

Few yrs back a lady who worked with me wanted to marry me but I was not interested. She was stalking me for a few yrs and also giving troubles by defaming me but I did not lodge any police complaint. She has some mental problems and is continuously torturing me. She has filed a criminal complaint on me under the Dowry Act claiming that she has married me 2 yrs back. She claims she has the proof of marriage which ofcourse is fake. I'm already having lawyers to fight this case. Now she started the criminal complaint after knowing I was going to get married to some gal. I want to marry that gal but as per the IPC 494 that would lead to bigamy and put more troubles. If I wait till a verdict is given for the fake marriage to be pronounced null and void; it would take another 6-7 yrs. I do not want to wait for such a long time when I've not committed any crime. What should be the best approach to marry my gal without fallling into trouble?

TIA - Rahul



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 8 Replies

Dhawal Bhandari (ADVOCATE)     10 July 2010

if you are 100 % sure that proof of marriage which of course is fake than go ahead ...but i still doubt you have to wait for some time until verdict has come but i have read one case (citation/name don`t remember) where person had same facts as your, got 2nd marriage court say -if earlier one was fake then second one is valid & -if earlier one was valid then second one is void. i will try to find that judgment but its prior to 2003 best i can remember.(supreme court decision)
1 Like

Arup (UNEMPLOYED)     10 July 2010

just recall the similar situation faced by priyanka gandhi, before her marriage.

one man claimed that he already married priyanka gandhi, and if she marry again it will be a bigamy.

media spread it with due importance.

a case was filed under the specific relief act, against this petition that man called by judge, and at court he could not prove that alleged marriage. the person jailed for two years.

your relief is under specific relief act pray accordingly. take service of a local advocate.

donot go on any other law; it is easy and faster.

2 Like

(Guest)

if u are sure you have not married her, how can it be bigamy. go ahead with ur life.she has to prove beyond doubt that you married her to have u prosecuted u/s 494.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     10 July 2010

First get marry the girl when you are sure that you are not married a girl who is distrubing you.

1 Like

Rahul (Tech Arch)     10 July 2010

Thank you all but the problem is since it is a Dowry Case IPC 498A they did not even check if I was married to her before proceeding. Now she has a fabricated a marriage certificate and has got it registered before a registrar. As we all know its easy to get in India. When you can get ration card for money why not marriage certificate. My lawyers are fighting for these but since its taking a long time. And all this because the Indian law shows partiality toward the woman race, which I know the 498A has been misused more than used. In future there will be many cases like these where an unmarried guy will be pulled into this 498A for turning down a gal. Ofcourse only a mentally challenged gal will do that. My lawyers are asking me to wait till the fake marriage has been proved void but I wanted to just check if someone has encountered this weird issue and if its okay to marry someone else. I'm sure the fake lady will find out if I marry someone and register a bigamy on me. Will not registering a marriage help?

Arup (UNEMPLOYED)     11 July 2010

HOW CAN YOU SAY IT WILL NOT BE CHECKED?

WHO CAN FILE A CASE OF 498A ? ...WIFE

THEN YOU HAVE THE EVERY RIGHT TO DENY THAT THE SAID WOMAN IS NOT -

YOUR LEGALLY WEDED WIFE.

IF THE LOCAL COURT DO NOT LISTEN YOU,  GO TO SUPREME COURT DIRECTLY WITH THE COMPLAIN OF VIOLATION OF ART 21, UNDER ART 32 OF THE C.O.I.

1 Like

(Guest)

if u are sure you are not at default go ahead in ur life n hell with her. arup ji is right all these provisions apply to legally wedded wife not prostitutes.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     13 July 2010

Dear Mr.Rahul,

It seems that you also have some part in your first marriage. Else no one can fear like this.

SO tell us your exact and true story only then we can help you and guide you the right way out and solution.

Regards

adv.kamal.grover@gmail.com


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