365/366 ipc--urgent
B Pradhan Singha
(Querist) 31 October 2012
This query is : Resolved
Dear experts,
please guide me about the following fact..
A had made a FIR (through 156(3) before the CJM)against my In-laws U/s 365,366, 506 IPC.
Fact was that my legally married wife (muslim) was abducted and given a forceful re-marriage with a muslim boy.
The 2marriage was also registered through "kabilnama".
according to my FIR police had had raid her parents house but non was arrested.
one day latter, her parents bring her before the court and prayer for 164 Crpc statement.
In her statement she state that she was not abducted by her parents but we had forced her to sign in the marriage register.
our marriage was conducted with valid 1 month notice under special marriage act'1954.
They had made no FIR against me for abduction and marriage.
Now the file is under investigation before the Dy. SP.
So, let me know:
1)dose her statement will be treated as complaint against me? if so, in which section?
2)can police made charge sheet against me?
3)is her statement is final?
4)I have many eye witness before whom the registration was conducted. So, dose her complain will stand?
pl advice me what to do?
Dy SP had call me for asking the fact, should i go?
both we are 28 years old.
pl advice.
ajay sethi
(Expert) 31 October 2012
seems to be a flase statement made by wife . if one month notice was given then maariage solemnised under special marriage act the defence rasied seems to be an after thought . cooperate with police . have your staement recorded . you msut be havng some witness for the marriage . mention their details too .
Devajyoti Barman
(Expert) 31 October 2012
1. No, separate proceeding is required.
2. Not in this case.
3. Yes but for your case against your in laws only.
4.This is a separate case.
If any case is lodged against you then only you need to bring those witnesses.
Now your case against your in laws has not merit.
B Pradhan Singha
(Querist) 31 October 2012
Can she made a FIR at this stage against me for forceful registration. If so, in what section?
Notice was given in 24/02/2012
marriage was happen in 27/03/2012,
Marriage consummated
FIR made by me on 17/07/2012
164 statement given by her on 20/09/2012
please guide...
Devajyoti Barman
(Expert) 31 October 2012
That is very unlikely.
Why are you so worried if you did nothing?
