False 498a
M.saida
(Querist) 15 September 2017
This query is : Resolved
I am a married person. I am having 2 children's. Due to some differences my wife stays away from me. I am fighting 498a with my wife. In the mean time I got closed to a married lady. That lady is also having two with her first husband. She did not take divorce yet. But she is also staying away from her husband. After continuing relation for 2 years she filed 498aa on me while already my own wife 498a proceedings are on in court. I have marriage certificate of this fraud lady of her own husband. How can she claim now I am her husband when her marriage is in existence?. False FIR is registered in PS by this stupid lady. Now I filed quash petition in high court. Whether FIR gets quashed or not. Please advice. I have marriage certificate of her with her husband as proof.
Ms.Usha Kapoor
(Expert) 16 September 2017
Certainly! Her FIR gets quashed by the Highcourt through a Writ of Mandamus or Certiorari issued to the police who booked the FIR as she is not your legally wedded wife and in proof of which you've her marriage certificate with her husband.
Rajendra K Goyal
(Expert) 16 September 2017
If the case has been filed against you, no other alternate but to defend the same on merits if FIR not quashed.
Raise the points before court after discussion with your lawyer.
