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Kinonessee (NA)     27 May 2012

Suspecting second wife to file dv/498a

Hi Friends,

I am suspecting second wife may file false DV/498A as there is a running crpc 125(1) regarding maintenance case running in family court.

1. What precaution should i take to safeguard my parents, sister & family?

2. Can we raise a query in CRPC 125(1) case tell the court that we are expecting a false DV/498A?

Kindly assist against what could be a false DV/498A.




 12 Replies

Shantanu Wavhal (Worker)     27 May 2012

one can not have 2 wives at a time.

how can u legally have 2nd wife ?

Zeeshan (Hidden)     27 May 2012

You can do "nothing."

Kishtaiah (Advocate)     28 May 2012

dear is yr first wife living and not divorced yet? I think you even out to safety by proper settlement and be the husband of only one wife before facing dv or 498a. ok.

Ranee....... (NA)     28 May 2012

Where is your first wife?

Deep Narayan (learning)     28 May 2012

yes my questn is also the same where is ur first wife?

according to Hindu marriage act u cannot have two wife at a time.

if u had a second wife with the first u wife it is illegal and u will go to jail for this.

plz give full details to get proper answer of ur queries

Kinonessee (NA)     28 May 2012

Firstly, this is my DAD and not me!


My Father married my mother in a temple in 1977 and my father was forced to get married to another woman in 1978 by my grandparents, this marriage was done as a normal ceremony.  My parents registered their marriage (under "Certificate of Marriage celebrated under other forms") in 1982 stating they got married in 1977 & they have two kids. Second wife doesn't have any registered marriage certificate.


We all were together [second wife & her daughters, myself, my sister] under same house (joint family) until 2009, except my parents were in another place as both were working in same office.


Problem started when i purchased my house with my wife under loan. They have also open the door of my personal room where i saw staying & have got it. This was constructed and i was staying there since 9yrs before moving to my new house. Can i file an FIR for opening the door and getting inside OR directly going through court is better?


Second wife has filed for maintenance in Family Court under Section 125(1) Cr PC 1973, claiming that my Father:

1. Has illegally has relationship with another woman.

2. Maintenance Claim for Her & daughter at Rs.30,000 & for daughter marriage - Rs.15,00,000.

3. Has given me his hard earned money to buy house.


How should i proceed with fighting this case?


1. I need to safeguard my parents & myself from false DV/498A (i suspect this could be filed near future).

2. I need to get back my 1BHK house in first floor of my joint property where this was tresspassed by Second while by breaking the door.

3. I need to block all joint properties.


Your suggestions are really needed!

Shantanu Wavhal (Worker)     28 May 2012


Kinonessee (NA)     28 May 2012

I am seeking info related to DV/498A here.. since i didnt get any further replies to that thread. I am currently looking for options as I am under urgent need.


Originally posted by :Amit---------------

Shantanu Wavhal (Worker)     29 May 2012

she can file both.

Deep Narayan (learning)     29 May 2012

Ur case is really very complicated.i have never seen such a case.


first,marriage registration was not compulsary at that time when ur father get marriage.so U or Ur father cannot tell court court that since marriage is not registered it is not marriage bcoz Ur father's second wyf will show docs which will prove that ur father get married to her.there are other procedures also for determination of the same.

secondly,yes its ur choice that wheather u acquire ur house legally through court.remember that It takes lot time if u move to court.I also fear that if u forcefully enter the house she will file DV.

thirdly,remember u can do nothing to stop a person form file a case or registering a FIR.U can only prevent urself from the above mentioned threats.

fouthly,U can get AB for urself and ur family members.I think that getting AB for ur father is not easy. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2012

PWDVA, 2005 can be filed.


Nothing percludes her to file 498a even., even if the same is quashed later.


She can also file bigamy against your father.





Shonee Kapoor


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