Under Section 498A


Dear Sir,

   A 498A complain case has been filled against my friend and also a Maintainance Case. In Maintainance Case she explain that my friend is married / illegal relation with an another girl but that is purly false. She also kept her name as an accuesed in 498A case. I want to know that the honourable court take cogzinence against that girl. She also lodge all my married sister.

   True is that never my friend done curel behave with her and he also wants to come back she her house with child.

What will I advice my friend 

 
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Partner/Advocate

Greetings, 

The Hon'ble Court may not take cognisance againt the so called 2nd Wife.  

As it was held by the Hon'ble Supreme Court in 

CRIMINAL APPEAL NO. 938 OF 2009

(Arising out of Special Leave Petition (Crl.) No.7163 of 2008)

 

U. Suvetha .... Appellant

 

 

 

 

 

 

 

 

Versus

 

 

 

 

 

 

State by Inspector of Police and another .... Respondents

 

 

 

JUDGMENT : S.B. SINHA, J.

As far as you friend is concerned, he must prove his innocence.

 
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UNEMPLOYED

True is that never my friend done curel behave with her and he also wants to come back she her house with child.

---   the  true have to be proved at court only.

 
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UNEMPLOYED

In Maintainance Case she explain that my friend is married / illegal relation with an another girl but that is purly false

---   SHE MUST BE GIVEN IT IN WRITTING WITH AFFIDEVIT

check it first, if affidevit is not clear or not given by her, raise the matter at court. and comple her to do so.

after that raise the point that - it is false;   it is contempt of court;  it will provide you a ground for divorce also.

 
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