90,000+ Legal Questions Answered

Complaint 498(a)  wrongly Complaint 498(a) wrongly

2 years ago

A women (37)who hv a husband worked as a driver... And hv two children of age 16 and 13 girl and boy.she worked in a hospital as a office staff.one boy aged (29) came to that hospital to see his frd ...At that time on 2016 that women said to that boy she was divorced..Etc etc..They became frd and go to livin relation..That boy parents not accept this at last they accept partially.both dnt get married as per legal..Rearlly they met once a week..That boy is a government staff.at last on 2020 that boy came to know that women hv not divorced she applied divorce on 2019 only.. she and her husband both hv link still now..This boy lost more money to that women within 4 years. And well known that women is a big fraud.That boys parents came to know this and complaint to safe his son.. that police warn them and send not taken as fir..That boy try to leave that women on 2021 slowly.. that women get to know that..And file a complaint one that boy my second husband where we married on 2015.. try to cheat me he cheat 16 laksh..Jewel etc ..all are lies..She complaint on him and his family member 4 people in 498(A).Complaint accepted..And ask for her jewels etc but true is she is a cheater.. she dnt hv jewel that much... That boy family well known that.. but that complaint accepted and send to family welfare association.my doubt..Whether is it consider as marriage?What happen to that boy life..How to safe guard...

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers

A.Dear Sir,
It has to be challenged before High Court under Section 482 Cr.P.C and get it quashed.


I could have explained more if background is known to me.

Please give me FIVE STAR if satisfied by my answers.

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to know regarding the present status of the first marriage of that hospital staff as well as that Divorce matter. It is evident from your statement that at the time of second marriage,that hospital staff's first marriage subsists so the second marriage is null and void. Second husband is entitled to take steps as per Law and in such case that hospital staff who concealed the subsistence of her first marriage at the time of doing such second marriage, shall be punished with imprison­ment of either description for a term which may extend to ten years, and shall also be liable to fine.
Please further take note that until and unless all the relevant facts as aforesaid be known, proper legal remedy cannot be suggested and for that it is also necessary to scrutinize the complaints which she has been filed against the second husband's family.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconReopening of uncontested disposed criminal case immediately
Dear Sir, Once convicted on plea it cannot be reopened but may seek enhancement of punishment both by way of fine and imprisonment. You have to approach higher Court.
question iconVague and illegal order passed by Magistrate on recall application
Dear Client, A criminal revision petition challenging the order of the subordinate Court may be filed under Section 397 of the Cr. PC either before the Session Court or the High Court. According to A...
question iconMinor aged 17 has eloped with a boy
Dear Client This can be a serious issue if a complaint is lodged with the police as the girl is still a minor and apart from other Sections of the Indian Penal Code the boy can be even booked (a possi...
question iconRegarding the intimate chatting
Dear Client, Firstly, engaging in solicitation for sexual services, including negotiating pricing with a sex worker, is illegal in many jurisdictions, including India. Therefore, if you have engaged...
question iconnew criminal laws-applicability to existing on-going cases
Dear sir, It goes to show that whenever new laws are introduced it cannot be Retrospective effect. It will be effect from Prospective only as indicated in new enactment.