false 498a
Guest
(Querist) 19 June 2015
This query is : Resolved
Domestic violence—Protection
under— Seeking of—Whether the respondent/wife is entitled to any relief
under the Domestic Violence Act in view of her earlier subsisting marriage—
Held, No—The wife never disclosed her earlier marriage at the time of filing
her petition—The husband confronted the wife with the documents, she
filed before the Family Court—The wife entered into second marriage with
the husband while subsisting her earlier marriage—Her subsequent
marriage with the husband is null and void in terms of S. 11 of the Hindu
Marriage Act and in violation of Section 5(1) of the Hindu Marriage Act—The
wife, whose earlier marriage was not dissolved on the face of her own
document, cannot be permitted to handle and twist the law and the facts at
her own whims, by suppressing the genesis of facts—The wife is not entitled
to get any relief under the Act,2005
Guest
(Querist) 19 June 2015
Ruination of false 498a complaint
Guest
(Expert) 20 June 2015
No remedy, except to fight on merits of the case and to counter the allegations effectively.
Dr J C Vashista
(Expert) 20 June 2015
Contest the case tooth and nail, no short cut.
Guest
(Querist) 24 June 2015
Constitution of India, 1950, Article 227 – Hindu Marriage Act, 1955, Section 22 – Matrimonial matters – Publication by Media – Injunction against – The respondent-wife has gone to the Media and answered questions about certain videos which went viral on electronic and social media about the allegations levelled by her against the petitioner and his parents – Held, Right of privacy in matrimonial matters between the "parties in a litigation under Marriage Acts is personal to the litigating parties – The Family Court has inherent power to issue an order of injunction or any such direction to give full effect to Section 22 of Hindu Marriage Act,1955.
