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498A and DV act

Querist : Anonymous (Querist) 14 May 2010 This query is : Resolved 
Dear Sir/Madam

For the last 7+ years my life has been made miserable. my father expired in due course due to harrassment for dowry demand unable to meet. my husband works in dubai and his family here in india, he got married with a lady abonding me and my daughter. i waited for 5+ years then took extreme step of filing a case in local p.s. and he got arrested in indian airport in 2009 and release on bail. he sends me messages saying that he will not divorce me nor accepts me whatever. it is truly genuine 498A case, no doubt, i have not asked for any compensation and will not do. I want he and his people to learn lesson and i want justice for my real and sincere effort.

my query is how can i nullify or void his second marriage. i want to knock the door of supreme court for justice.

please suggest way to approach supreme court through the same P.S. with the same crime number. concern PP and P.S.is dealing the case.

waiting for your reply sincerely.
Guest (Expert) 14 May 2010
Madam,

By your querry, it cannot be ascertained to what religion you and your husband belong? I presume you both are Hindus and on that presumption my answer is this:

You cannot and need not to approach the Supreme Court to get your grievance redressed. The second marriage is itself invalid and not legal in the eyes of law. Hence, if you want to teach a lesson you can file a police complaint against your husband for bigamy. Otherwise, you can file a civil suit "for declaration of his second marriage" as null and void and the court will issue a decree of nullity.

In the case of domestic violence, you can directly approach the Magistrate of your area filing an application under Section 12 of the DV Act. You will get relief there. You cannot directly approach the Supreme Court for your grievances.
Davinder Khurana Ferozpur(Punj (Expert) 16 May 2010
I think mr Prabhakar has very well answered ur query.


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