494 and 420
DALJIT SINGH
(Querist) 16 October 2015
This query is : Resolved
Without taking divorce from me my wife is leaving with his second husband with changing her name from the last 16 years and is heaving children's from the loin of his second husband. On the other hand she is taking maintenance from me under sec 125 crpc. The second husband is died in a road accident. But in the court she denied that she is heaving any child or she has contracted second merriage. Divorce case filed by me is still pending in the family court.
Now I want to file a case of 494 and 420 against her and the other persons who help her in contracting this merriage. But the question here is:-
(1) can I file the case under sec 494 and 420 through police FIR or it has to be filed through court.
(2)Is this case time bared as the marriage was contracted 16 years before and the child was born 14 years before.
Pl explain
SAINATH DEVALLA
(Expert) 16 October 2015
U R saying that U R living separately since 16 yrs,and she was having an affair with other person since then,don't say second husband, as long as U R not divorced U R the official husband.U can file criminal cases only if U can prove the parentage of the child,and that too only by DNA test.
When did U file the divorce case?What were U doing these 16 yrs?
Shonee Kapoor
(Expert) 16 October 2015
Though Bigamy case can not be barred from time, but you need to have strict proof of her marriage with the deceased.
And she is not currently living in adultery hence, she is entitled to have the maintenance.
Regards,
Shonee Kapoor
www.shoneekapoor.com
ABDUL RAZIQUE
(Expert) 16 October 2015
I think why your wife file only maintenance case against you? Why not she file many other cases like 498A, Domestic Violence and criminal cases like cheat and fraud etc.
If u have proof then file case against her either she will file case against you.
think and proceed.
DALJIT SINGH
(Querist) 16 October 2015
Sir
I can prove it by DNA but how the can child be called for test whereas she is saying that she do not know who the child is. Can the child be called in court directly by sending summons? ( My lawyer is a senior lawyer but he is saying that how can this test be conducted as she is saying that she is living alone and she do not no the child. )
(1)Can the court pass an order to police to produce the child)
(2) can I file the case under sec 494 and 420 through police FIR or it has to be filed through court. (3) Is this case time bared as the marriage was contracted 16 years before and the child was born 14 years before.
Pl reply to all the questions(above)
DALJIT SINGH
(Querist) 16 October 2015
Abdul Razique sir
I have won the case of 498A and 494/307/120b etc filed by her on merit.
DALJIT SINGH
(Querist) 16 October 2015
Shonee Kapoor sir
She has committed bigamy and still she is pure and I am the victim.
Please guide me.
SAINATH DEVALLA
(Expert) 17 October 2015
The only evidence available is the child,but U say she is distancing herself from the child.Unless she claims that the child is her's,U cannot prove bigamy.Proving bigamy against a woman is very difficult,unless she is caught red handed.Now it does not arise as her paramour is dead.
ABDUL RAZIQUE
(Expert) 17 October 2015
Dear Daljit, Almighty bless u if u r victim.
DALJIT SINGH
(Querist) 17 October 2015
Although She is living with her son but in court she denied this fact.
My questions were:-
(1)Can the court pass an order to police to produce the child) (2) can I file the case under sec 494 and 420 through police.(3) how request for DNA test can be made in court.
Regards
Daljit singh
Rajendra K Goyal
(Expert) 17 October 2015
1. Court can pass such orders if satisfied the orders are necessary / essential for the justice.
2. If you have no proof of her second marriage, it would be a baeless exercise.
3. Your lawyer would guide you.
DALJIT SINGH
(Querist) 17 October 2015
Thanks to all for valuable suggestions
RegRds
SAINATH DEVALLA
(Expert) 17 October 2015
U R saying she is living with her son,but does not claim him to be her son.how are u going to establish that he was not born to U. If u desire to prove that the boy is not Ur son,U have to seek legal avenues and prove them,which I feel is a remote possibility.
DALJIT SINGH
(Querist) 17 October 2015
Sainath Devalla sir
She is not in contact with me from 1996 as per court records except in court cases and her son is just 14 years old then how can he be my son. I want legal advice for experts like u from time to time.
Thanks and Regards
K.S.Srinivas
(Expert) 19 October 2015
I agree with the advice of Sri Rajendra K Goyal.
T. Kalaiselvan, Advocate
(Expert) 22 October 2015
