Anonymous
Asked February 21, 2017

False 498A Case Against me

  • 2 Answers
  • 803 Views

Hi Sir, Im a keralite and my wife is from mumbai. We got married in 15/01/2016 at Thane Registrar Office, Navi Mumbai under Special Marriage Act. We both were residing at her residence with her parents and elder sister. Due to conflict between my wife and her parents, she was forced to leave the house and so as I. We both shifted to a rented house. While shifting I obtained photographs revealing her previous marriage. When I ask about it she showed me a Divorce Deed printed in a 100 rupee stamp paper which later i got to know a fake one. After that so many arguments happened because the fact that she was married and not divorced yet was hidden from me. Even in our marriage application she mentioned as unmarried. She and her parents deliberately hid the fact. After me knowing this her behavior changed and she was fighting with me everyday and showcasing that im a wrong person. Even i got to know that she is having illicit relationship between so many men, which i have proof in photographs, chats, and information of hotels where she stayed with men. When she come to know that I have known all her activity and her truth, she and her parents took my mobile, wallet, passport,certificates,atm card etc and hide it so that i should not go back to my home town. Under such immense pressure i try to commit suicide and was hospitalized for 6 days. The use their influence and made the fir as under influence of alcohol i unknowingly ate poison. So that my suicide attempt should not create a problem for them. After that they returned my belongings on a mutual and oral agreement that i wont go back home. I agreed because I need a chance to escape from them. On 07/10/2016 i escaped from there and came to my home town in Kerala. She then followed me with her parents and elder sister and reach my home and my family and her family had discussion on the matter and decide to get separate. She demanded me to repay the loan she took and 200000 rupees before filing mutual divorce. I agreed to give the installment cheques for her loan and gave 36 cheques and a cheque of 200000. After obtaining the cheque she went to SP of police in Kerala and lodged a complaint u/s 498a and 420. I was in jail for 2 weeks and I got bail. Now I have filed an OP nullity to nullify my marriage. By knowing this she is going to file restitution in Mumbai with the intention to make me run Mumbai to Kerala and vice versa. She is demanding for a huge compensation too. As i consult with advocate he says i need to get the marriage certificate of her previous marriage. I know only the date of her previous marriage and location. Dont know exactly where the marriage is registered in Maharashtra. Please advise what i should do.

Answers 2

Dear client u need concrete proof of her first marriage so u can prosecute her for bigamy. For any legal help call me

 

Adv Prasad Patil

 

Pune

Agree Comment 0 Agrees over 3 years ago

You are firstly advised to get a copy of the FIR so registered on your wife’s complaint. The accused is entitled to get a copy of the First Information report as prescribed under Section 207 of the Cr.P.C.  You can submit an application through your representative/agent/lawyer for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the court. On such application being made, the copy shall be supplied within twenty-four hours.  

Then , you are advised to go through the charges carefully. Please find out about what instances of violence and harassment she is so stating. Then, with the help of a lawyer , you are advised to collect witnesses and other possible material evidence/s that can help counter her charge

You can then file a case under these sections of the IPC against her-

  • As per Section 182  whoever gives to any public servant any information which  knowing it to be  to be false will be punished with imprisonment of six months, or with fine which may extend to one thousand rupees, or with both.
  • As Per Section 211 of Indian Penal Code 1860, Whoever, with intent to causing harm to any person, institutes falsely charges any person , especially knowing it be false , can be punished with imprisonment up to 7 years.
  • Since your wife has pressed false charges against you, these sections will help you in countering her.

    As far as the false marriage is concerned, in your affidavit to the court, state your doubts about your wife having married someone before you and the photographs and other proofs you had discovered- which led to your in laws troubling you. Plead with the judge to direct the police to look into your wife’s background and look into these charges and submit a report within a stipulated time and as early as possible. Under Section 25 of the Special marriage Act, if a marriage had been consented by a fraud- in this case by hiding the fact that she was previously married, will make the marriage “void ab initio”, i.e. unrecognised in the eyes of law.

    You can also claim fiscal damages  from your wife as compensation for all the distress you went through  and as per the Supreme Court of India in the case of Krishna Bhatacharjee  Versus Sarathi Choudhury , CRIMINAL APPEAL NO. 1545 OF 2015 (arising out of  SLP(Crl) No. 10223 OF 2014), you can also claim divorce from her for filing a false case.

     

    Furthermore, please file an Fir against your wife and her family under these sections-

     

  • Section 34 IPC- common intention of cheating you
  • Section 120 (B) IPC- criminal conspiracy to harm you and cheat you jointly
  • Section 383 IPC- blackmailing you
  • Sections 499 and 500- defaming you
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    Agree Comment 0 Agrees over 3 years ago

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