Madhu Sharma 19 September 2022

I need justice... please help

Hi,

I asked the same question in response to my another thread but no body replied so I am posting it here again. These are simple basic questions so I think all lawyers have knowledge of them and at least one lawyer can reply and help me by answering them.

My husband married to another girl without giving me divorce.My husband and his girlfriend both have accepted ISLAM religion and become Muslims before marriage. I want to punish him for what he has done with me and my 7 years old baby. If I file [a] a domestic violence case or [b] dowry case or [c] Move a complaint under section 494 IPC for contracting another marriage during subsistance of a legal marrage then

1. In which case [a or b or c] will he be arrested immediately by police and I will not have to wait for his arrest till the court’s judgement?

2. In which case will it be a non-bailable arrest whether arrested before or after court’s judgement ?

3. what is the minimum and maximum punishment under case A and case B and case C?

4. How long [month or years] generally it takes in getting a judgement in case A and case B and case C?

5. I heard that there is No Arrest During Two Months Cooling-Off Period After FIR Registration of dowry cases and domestic violence cases. Is it true? Does the same apply to 494 ipc?

Please help.

Serious reply only. No jokes, no gyan please.

Thanks.

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2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 19 September 2022

You can file a bigamy case against your husband. Consult a good knowledge lawyer in your area.

Sreejith S 27 September 2022

First of all Your husband will not get arrested immediately as the offence u/s 494 is bailable.
let me give a opinion to give torture and troubles to him?
1.File a D.V and try to get a interim protection order that not to evict you from his house where he reside now as well as try to get a order for interim Maintainance as well he is liable to pay Maintainance to you and the child.
2.Dowry case will not get you result in your matter so keep it aside and file a Case U/s 494,420 r/w 34 IPC So that when 420.comes the police can actually arrest on the grounds for 420(its all about the pleading how 420 is maintainable.

3.Try to File a Case for return of your gold ornaments, make sure the actual gold ornaments you claiming through this case should be double and try to include a sum of amount like 2lakhs as well as expensive household things was given as dowry by your parents at the time of marriage
in this case you can file a petition to attach the house or property which is equivalent to the claim amount.

4.don't file divorce case for now untill you have a plan to get marry to someone else immediately.

Give him troubles back to back so that he should regret for the acts he done towards you.