Guidance on bigamy, 498a, DV nd DP cases
4 months ago
How opposing party will defend themselves against my allegations on matrimonial disputes?
FIR and Chargesheet both are filed, first date of DP act is on coming 1 Jan 24, 125 crpc and DV cases are also going on simultaneously. My questions are:
Why my husband is not applying for bail in state government case? My lawyers told us that they'll apply for bail and give huge amount to the court, it sounds fishy to me, what kind of bail or when they r likely to apply it?
Is it right to fight 125 case as I am already working, my lawyer is now telling me to quit job to get maintenance of not more than 10k. Isn't it senseless to leave my job for such a low maintenance amount?
My main case was for bigamy, the entire issue is due to my husband's first marriage that was hidden 2 me nd my family before nd after marriage. 494 is not filed yet nd lawyers r engaging me to DV, DP cases that r less useful to me as I want my husband to be jailed for 2nd marriage and fraud. Can I ask my lawyer to focus on 484 nd annulment of marriage? My husband neither contacted me nor he wants to accept his mistakes. Now I don't want spend my life fighting for this marriage, can I file divorce or settlement to get free from this marriage?
What will be my husband's plans to defend himself? Since he nd his family is full of fraudsters, they will blame my character and mental ability, will court favor them in any case?
My lawyer told me that they can file for section 9 but I don't think they will. We think that may be he nd his frst wife harrassed me to get rid of me. Will I get justice as there is a long war to get justice in such cases.
Under Section 17 of the Hindu Marriage Act, 1955 remarriage of another woman in the absence of an order of divorce annulling the earlier marriage is termed bigamy and treated as illegal and a criminal offense in India. A case of bigamy is punishable under Section 494 of IPC, which is a non-cognizable offense. Therefore, no FIR can be registered at the police station. The main ingredient of bigamy is the existence of a previously contracted marriage. It is necessary to prove that at the time of the second marriage, the person was already married. Both marriages, first as well as second, should be valid marriages to attract the provisions of this section. The Supreme Court in the case of Saravana Porselvi v. A.R. Chandrashekar (2008) 11 SCC 520, made it quite clear that there is no limitation of time period to take action against bigamy. It is imperative that when the second marriage is solemnized, the criminal procedure can be set in motion at any time. Bigamy if committed may be a ground to seek divorce provided all the essentials of bigamy are fulfilled and proved. In order to attract the provisions of Section 494 IPC both the marriages of the accused must be valid in the sense that the necessary ceremonies required by the personal law governing the parties must have been duly performed. To prove the offense of Bigamy, the prosecution must prove that the second marriage was valid, (Ref: S. Nagalingam v. Sivagami, (2001) 7 SCC 487). Further, you are also eligible to claim free legal Aid/services under Sec.12(c) of the Legal Services Authorities Act, 1987 and accordingly, you can make an application before the District Legal Services Authority or State Legal Services Authority seeking free legal service in the matter to contest the case before the Court.
Domestic voilence
Family issuw
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Please suggest on the steps and process to follow
husband torture to wife
