Please for Bigamy and 498 (A)
Ashok Raja M
(Querist) 04 August 2011
This query is : Resolved
Dear Sirs,
My sister’s divorce case filed by her husband in June 2008 has been rejected in the family court. Then he appealed in the high court for the divorce. We were blindly hoping that he will take my sister to his company in the near future and hence not liking to file a case under 498(A) or any other suitable case may be.
Recently we get to know from confidential sources that he got second marriage and living with her secretly. Knowing this, we prepared ourselves to file a case under 498 (A) and communicated the same with our lawyer.
Our lawyer is delaying to file a case showing some meaningless pretexts and we are suspecting whether our lawyer was sold out to her husband.
Please note that: He (husband) is not paying the maintenance since the appeal in the high court. When enquired about this with our lawyer, he is telling some cock and duck stories.
I got this site as free god gift. Please kindly help us for the legal proceedings and how to approach them.
If any more elaboration is required please feel free to drop a reply to this query.
Thank U
Devajyoti Barman
(Expert) 04 August 2011
If you do not have confidence on your current lawyer then you better change it.
You did not mention how the 498A case is initiated.
Apart from 498A case there are other legal proceedings as which the wife can take resort to against her husband which would take care of her pecuniary needs.
Mahadeva Rao G
(Expert) 04 August 2011
Hi Mr. Ashok,
since the matter is already in court from june 2008 unless anyone studies the complete file and make note of all the events that have taken place in chronological order it is not appropriate to just pass a opinion which may mis lead you,
or may be if u can post the entire details here then someone can attempt to guide u in right direction.
u can revert back to me on sohan1912@rediffmail.com or on 9845285555.
Mahadeva Rao G.
ADVOCATE.
BANGALORE.
ajay sethi
(Expert) 04 August 2011
1) if he has married a second time during susbsitence of first marriage he is guilty of bigamy . but do you have any evidence of his second marriage
2) if you have evidence your sister can file criminal complaint against her husband under section 494 of IPC
3) you are at liberty to change your lawyer
4) your sister also apply for maintenance
prabhakar singh
(Expert) 05 August 2011
All opinions here hold sound in pretext they are given.
RAJENDRAN K.M. 09443050520
(Expert) 05 August 2011
Mr.Ajay opinion is correct.U can file a private complaint in correct court for u/s 494 ipc,498(A) is applicable some circumstances ask ur advocate he give guidance.
Ashok Raja M
(Querist) 06 August 2011
thank u experts, I will definitely post the details of the case as suggested by Mr. Mahadeva
