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Ashok (MANAGER)     05 May 2012

False case crpc 125

 

I am in very poor condition. my wife left me after 6 months of marriage due to my physical disability(Cripled). then she filed case with false allegation of 498a in police...police sortout the matter after paying her 5 lakhs(as mentaninence we have valid proofof it ) then i asked her for mutually consent divorce she refused to do so,,,then after 5 months, she married another guy without obtaining divorce. Sir/Madam then i filled a case FIR in police about her second marriage but now after her second marriage( at present she lives with new husband but i have no proof of her marriage) she claimed maintenance under crpc 125 Rs.25,000 PM. and demand for divorce also on cruility ground....she tell lie to court that we have a daughter too. Police complete his investigation and collects all evidence such as photo, video etc but inlaws give them bribe now they are not taking final action. my questions are as follows?

1. What should i do?

2. Should i tell to judge about FIR police?

3 shoul i file a RCR?

4 Should i submit affidavit about second shadi?



 10 Replies

Adv. Chandrasekhar (Advocate)     05 May 2012

Ashokji,

You require to engage a good advocate to protect your interests. He can bring the facts of her second marriage, your not having a daughter, your payment of lumpsum to her earlier in section 498-A case and your present incapacity to pay any thing. Do not file RCR at any cost and it will bring you a lot of misery.  Again I advise engage a good advocate and do not try to fight the case on your own.


(Guest)

Correctly advised by Adv Chandu. All you need is a good lawyer.

Vishwa (translator)     06 May 2012

All this talk about getting a good lawyer really gets my goat. Is there a "good" lawyer anywhere? For me a good lawyer is one who figts cases without taking fees. This forum used to be a good place where litigants and persons in difficulty could get impartial advice without strings attached. It has now degenerated into a village haat where so called learned advocates tout their greed for useless litigation with their mobile phone numbers.

2 Like

(Guest)

Vishwa you are right.

 

Ashokji, in court you also ask for return of 5 lakhs. You are not bound to maintain a married lady.

 

This is the problem with one time "maintainance cum extortation fee". for few night service husband has to pay whole life savings.

 

Ashokji, if possible, please lodge case in human right commision for this extortion from a physically challanged person. Make a group of other physically challanged persons and organize some dharna pradarshan for how some lawyers, police and foot path girls are cheating people like you.

Anjuru Chandra Sekhar (Advocate )     06 May 2012

The fact that she lives with new husband is sufficient to prove that she married twice.  Take the help of neighbors of her house and convince them to give witness in court/PS about his relationship with her. If police do not submit evidences gathered in investigation to magistrate, she will be discharged by the magistrate.

Adv. Chandrasekhar (Advocate)     06 May 2012

Ashokji,

why I advised to you engage a good advocate because, in your case an advocate with intricate knowledge about evidence Act is required.  First fact to prove is the occurence of second marriage.  Where the wife and her second marriage husband will completely lie about the solemnization of that marriage on which you are so relying.  To prove this fact is not simple matter even for an experienced advocate forget about a layman like you to prove it before a court of law.  I mean, the experienced advocate also faces several problems at edvidence stage to prove this fact.  Next fact to be proved is legitimacy of the girl child.  She tells it is yours and you are telling it as illegitimate.  To prove this matter you have to undergo DNA test and if the court permits if you can send her real father for DNA test.  Seeking DNA test by moving appropriate applications again require the assistance of experienced advocate.  Why you should not file RCR, how to prove that you paid Rs.5 lakhs in mediation of Section 498-A case etc. also require deft handling.

That is why my sincere advice to you is to engage a good advocate.  It does not mean that I am a good advocate and you should engage me.  I also always reserve my right to accept or to decline the brief.  I do not accept the people as my clients who have loud mouths, abusive nature and atrocious behaviour even though they offer lakhs of rupees as fee.  

1 Like

Ashok (MANAGER)     06 May 2012

thankyou very much for all

She not have any girl child not legitimate and illlegitimate?

should judge hang the case untill police submit his report?

many people knows about her second marriage but to convince them is difficult and i have a valid proof of 5 lakhs. the compensate deed is already signed by her. 

manish (cdsdfasd sdf)     22 May 2012

why did you pay 5 lacs? 498a is non compoundable - you cannot wish it away by paying money. Its a criminal case. Unfortunately you have been taken for a ride by a very shrewd lady and her family.

File adultery case against the man who is your wife's husband. This will destroy that man and your wife's happiness. See them royally scre*wed and enjoy the fun..before that try to get some video or pictures of your wife with her new husband.

 

 

manish (cdsdfasd sdf)     22 May 2012

why did you pay 5 lacs? 498a is non compoundable - you cannot wish it away by paying money. Its a criminal case. Unfortunately you have been taken for a ride by a very shrewd lady and her family.

File adultery case against the man who is your wife's husband. This will destroy that man and your wife's happiness. See them royally scre*wed and enjoy the fun..before that try to get some video or pictures of your wife with her new husband.

 

 

Anjuru Chandra Sekhar (Advocate )     22 May 2012

https://www.lawyersclubindia.com/forum/Sec-494-ipc-is-not-about-bigamy-58322.asp

 


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