Can police arrest u/s.494 after an fir like 498a?
Parthasarathi Guha
(Querist) 11 August 2013
This query is : Resolved
Dear Sir,
My question is Can Police arrest u/s.494 after an FIR like 498a? One of my friend got married and within 2 moths his wife left to her perantal house. After 6 months he filed a Restitution of Conjugal Rights in Family Court, case was going on but no result. After 5 and half years later my friend fallen love with a girl and he told to her everything about his past and present situation. That girl agree to make a relationship (Mental & Physical) with my friend. After few months later that 2nd girl force to my friend to marry her after knowing all these things about my friend. My friend lastly got married with that 2nd girl and in the meantime he withdraw the case from family court and filed a divorce case against his 1st wife in District Judge Court,Calcutta. After getting summons of 1st wife then he filed an FIR against my friend u/s.498a/406/34. My friend got arrest and after 7 days Police Custody he got A.I. bail. In the mean time 2nd wife was pregnant and deliver a female baby, my friend spend all expences for this delivery. Now the 1st wife came to know this 2nd wife matter and trying to start another case against my friend u/s. 494. The second wife also now blackmailing to my friend and claiming lots of money and telling him that she will also lodged a complain against my friend u/s. 494. But the second wife wrote a letter earlier to my friend and declares there that she knows everything about the 1st marriage of my friend and also knows that my friend didn't get divorce from his 1st wife but she forcing him to marry her. My question is (1) How can my friend get relief from this matter? (2) If 2nd wife lodged an F.I.R in Police Station, Kolkata then can Police again arrest to my friend U/s. 494? (3) Can 2nd wife claims maintenance legally to court from my friend for her and for her child?
adv. rajeev ( rajoo )
(Expert) 11 August 2013
2nd wife can file a case. 2nd wife is not entittle for maintenance
Devajyoti Barman
(Expert) 11 August 2013
1. Your friend is in bitter swoop. Amicable settlement from either of the wives is only solution left to avoid more agony for him.
2. Yes, he may be arrested and may be sent to custody.
3. Yes, 2nd wife is also entitled to maintenance for her and the child. The child has even right to inherit the properties left by your friend.
It is strange to hear that your friend was arrested in 498A case when getting AB is not so difficult in Kolkata or WB in large.
ajay sethi
(Expert) 11 August 2013
agree with mr barman . reach an amicable settlement with your wives
Rajendra K Goyal
(Expert) 11 August 2013
Better is amicably solution at this stage diplomatically.
Both can lodge complaint and your friend has to be arrested.
Nadeem Qureshi
(Expert) 11 August 2013
Dear querist
the 2nd wife can not file a bigomy case u/s 494 of ipc because only legal wedded wife can file the case u/s 494. the police can not arrest without court warrant.it is a bailable and non cognizable offence.
second marriage is not valid so she is not entitled to get maintenance.
all these condition will be applicable on Hindus only.
Parthasarathi Guha
(Querist) 12 August 2013
Thanks to all Learned Advocates for answering my quarries. Amicably Solution between two wives is the best solution.
Raj Kumar Makkad
(Expert) 13 August 2013
You do understand the solution of this grim problem so execute it now.
