Cheating case in second marraige bigamy

Querist : Anonymous (Querist) 15 October 2011 This query is : Resolved
Hello Experts,

I have got a very interesting case in hand. A wife found that her husband has remarried with another lady. She filed 498a then 494. Husband filed for divorce. Now she also got the admission form of the daughter that the husband has got from his second wife. In the admission form it is signed by the brother of the second wife. Now the wife approached me saying she wanted to file a case against the brother of the second wife.
I was not able to make out any ingredient of what offense is made but another colleague suggested me that I should use ipc 420.
Now I want to ask my senior people if I should go ahead and file 156(3) in Court to seek police to investigate against the brother of the second wife as the husband had denied that the daughter was his but the admission form says otherwise. Please let me know the correct advice.

Regards to all,

Novice Lawyer,

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Arun Kumar Bhagat (Expert) 15 October 2011
No case of 420 IPC.

Querist : Anonymous (Querist) 15 October 2011
IPC 467,468?

Querist : Anonymous (Querist) 15 October 2011
or forgery?

Shonee Kapoor (Expert) 15 October 2011
What does the admission form says?

And who has signed it, for what purposes?

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 15 October 2011
Name of student:
Name of Father:
Name of Mother:
Occupation of Father:
Occupation of Mother: Housewife

Signed by brother of the second wife.

So my colleagues said that instead of 420 because it is a common case use forgery. because it deletes the right of the legally married wife also.
I am a new lawyer, please advice me.

ajay sethi (Expert) 15 October 2011
yoiu cna dvise the first wife to concentrate on the case in hand namely 498A and 494 .

muliplicity of proceedings wont serve any purpose . it will only increase her legal fees

Ravikant Soni (Expert) 15 October 2011
This is not a case of 467, 468 in the light of a apex court rulling...

AIR 1963 SUPREME COURT 1572 "Vimla, Dr. v. Delhi Administration"

So dont vast your time in flawful proceedings.

Querist : Anonymous (Querist) 16 October 2011
what else should it be then? somebody submits an affidavit by which the 3rd person gets a share in my legal rights or puts legal liability upon me? there should be some criminal section which should deal with this?Please give me guidance.

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