Can i file complaint case for giving wrong information
Vimlesh Kumar
(Querist) 10 April 2018
This query is : Resolved
Dear Experts,
My query is that can i file complaint case for giving wrong information in LIC , Bank accounts, Electoral roll.
Fact is that my father got married with other lady during lifetime of my mother. He did not disclose the fact during my mother lifetime. my mother was passed away in 2009. when i came to knew that i have filled the case against my father for marry again during my mother life time. My father stated in his reply that he got married with the lady in 2015.I do not have any ceremonial evidence of my father's 2nd marriage.i have the information of voter id , Bank Accounts, Lic of that lady in which she used my father's name as a Husband during my moher life time. Similarly that lady was nominee as a wife in my father's Bank Accounts , Lic etc .She was also enrolled as a wife in my Father's ration Card before 2009. Can i give information to all concerned department to file complaint case against my father and his 2nd wife for giving wrong information.
Thanks & Regards,
Vimlesh
P. Venu
(Expert) 11 April 2018
What is the present status of the case filed by you? Where it has been filed?
Dr J C Vashista
(Expert) 12 April 2018
Have you any alternative to filing a case? Answer is NO.
Anil Kulkarni
(Expert) 14 April 2018
Dear Vimalesh, what is the case who have filed and what are prayers? What are you going to achieve by getting declared that your father did not give or hide information from you or gave incorrect information? In fact your father is guilty of bigamy under 494 of IP or if the said second wife of your father is wife of any other person, he can also guilty of adultery u/s 497 of IPC. It appears you are rightfully and justifiably upset with the your father's second marriage during the life of your mother and wish to teach him a lesson. However your purpose will not be solved by a case you wish to pursue. You should in fact file a FIR against your father for offences of Bigamy and adultery u/s 494 and 497. The police will then investigate the matter and the evidence you have cited will be sufficient for a prima facie case against him. He may be arrested and prosecuted for grave offences under these sections.
Vimlesh Kumar
(Querist) 14 April 2018
thanks all the experts for your valuable replies.
In continuation to my query , I want to add some information. Lady whom with my father married again was already married with some one . she has two children with that marriage those are living with their father . No divorce is made between the person and the lady till date . When I contacted with that person few days ago ,I have given the information of marriage between the my father and the lady ( wife of that person). Person do not want to take any legal action due to his weak financial condition but he is ready to give me all the evidence of his marriage with that lady .
As per law , because that lady did not got divorce with ex husband , marriage with my father is not legal . can i plea in a court for consider the marriage between my father and the lady illegal (void).
P. Venu
(Expert) 14 April 2018
In terms of the provisions of Section 198 CrPC, only the person aggrieved can make complaint in respect of the offences against marriage; the facts stated do not place you as the person aggrieved.
Anyhow, the facts, as stated, reveal that there cannot be any legally subsisting marriage between your father and that lady. As such, she would not be a legal heir to your father and it would be to your advantage to keep a low profile.
Anil Kulkarni
(Expert) 14 April 2018
Mr. P. Venu, Mr. Vimlesh being the son of the woman aggrieved, can file a complaint for offence under sec. 494. (Sec. 198(1)(c) of Cr.P.C.
P. Venu
(Expert) 14 April 2018
The querist's mother has expired in 2009.
