Dhiraj Singh 09 September 2020

Urg guidance req. u/s 498a, 323, 120b and 494

I got arranged married in 2006. and in 2008 I had a boy from first wife. in 2010 she desserted me and went back to her maternal home in UP to join a govt job. After 6 years of dessertion in 2016, she took 4lacs from me and this settlement was done on notary also mentioning that she has no future business with husband, or his family members and will never file and legal suit for any claims. Assuming the notary settlement signed by my first wife and her father, I married again to other girl in 2018. Now in 2020 she has filed a FIR against me, my second wife, my parents and my brother under sec 498a, 323, 494 and 120b. plz guide me further course of action on asap basis plz.

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6 Replies

P. Venu (Advocate) 10 September 2020

The divorce through notary is of legal standing. You need to meet the charges on merits.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 10 September 2020

notarized document is also valid and relevant document for the case if the said notarized accordance with law on documents. No Document can be held invalid for mere non registration. Your Document is fully is valid and can be enforced if need arise.

SAM (LEGAL) 10 September 2020

File RTI in her place where she works in government sector. Get details of her designation and salary

Apply for anticipatory bail from sessions court

Write a letter to her senior boss in her job where she works that she is harassing you and your family members

You should have never done separation through notary. You should have filed divorce through court and get separated from her

Dr J C Vashista (Advocate) 10 September 2020

Notarised settlement is meaningless.

When she is staying away for the last 6 years the complaint u./s 498A, 323 and 120B IPC can not sustain and shall be dismissed. Surprise to know the complaint has been taken cognizance to lodge FIR. Unbelievable.

However, if FIR has been lodged engage a local prudent lawyer and move to High Court u/s 482 CrPC for quashing.

P. Venu (Advocate) 10 September 2020

I am sorry. My earlier suggestion may kindly be read as "Divorce through notary is of no legal standing. The error is regretted.

The error has since been corrected.

Sudhir Kumar, Advocate (Advocate) 11 September 2020

As the given facts indicate, Divorce has not happened. You have committed bigamy. You are at receiving end.

Mere bigamy doe snot provide ground for 498a. You need to meet lawyer.

filing RTI on her departmental will just be childish act. Complaint to her deptt will also be futile and rather can be assumed as harassment as the department has no jurisdiction to stop her from asserting her rights. So better not to add evidence against you.