Need a help
Friend16
(Querist) 13 June 2015
This query is : Resolved
Hi,
I have filed 498A n 377 on my husband. Now he married second time in last week. I have photos of his second marraige.
What can i do with thise photos? Can I file a case against him for his second marraige?
My another question is my husband is forcing me to withdaw the cases and for that he want me to go in high court as according to his advocate 377 can't be withdraw in session court. But for this my husband is demanding a divorce from me he is telling me that without divorce we cant withdraw the cases from high court. Is it true?�
Will High court ask me for divorce at the time of withdrawal of my cases?
I am affraid if he files a case against me after divorce then? Thats why i dont want to divorce him before withdrawal of cases. Is the divorce is compolsary for withdrawal of cases?
Shall I give him a divorce before withdrawal of cases? What should I do? Please help me.
Waiting for your help.
Thanks in anticipation�
Devajyoti Barman
(Expert) 13 June 2015
You can file a case of bigamy against him.
I am not understanding the case to be file against you. Be more specific on this.
To quash a case from high court, divorce is not compulsory.
Rajendra K Goyal
(Expert) 14 June 2015
For second marriage without divorce, case of bigamy need to be filed.
Please redraft your query.
Dr J C Vashista
(Expert) 15 June 2015
Your query need some more information. How come (on what basis case is pending u/s 377 IPC)?
If you (so called "friend 16")and your husband are Hindu by religion, you can file a case u/s 494 IPC for committing bigamy, i.e., marrying another women without divorce from existing marriage. However, photograph of second marriage will be insufficient evidence to prove your case.
Contact, consult and engage a local lawyer for proper opinion, advise and proceeding.
Friend16
(Querist) 15 June 2015
Thanks for your replies. I want to ask that if I give a divorce before the withdrawal of cases then can he file the case of fraud or somthing else on me?
and we are Muslim so can I still file a case of bigamy on him for his second marraige?
Sudhir Kumar, Advocate
(Expert) 13 June 2015
