Police refuses to investigate a photograph
Divya
(Querist) 07 November 2012
This query is : Resolved
Dear Sir/Mam
I & my family had faced from my bhabhi false 498a, DV & divorce cases….
Now I receive an unknown post in which the sender has sent me my bhabhi’s earlier marriage photograph….Photograph is a secondary evidence
Police is refusing to act or register my complaint or do any investigations for the photograph….
No evidence; be it primary or secondary evidence can be labeled as big/small…..Each evidence carries weight and it has to be examined and investigated by the police authorities…
How do I compel the police to carry out proper investigations of the marriage photograph…
Thankyou
Guest
(Expert) 07 November 2012
Get the matter privately investigated and produce the vital proofs in your favour. Police cannot be compelled to tow on your lines in 307/498a case regarding what and how to investigate.
Divya
(Querist) 07 November 2012
Hello Sir
This is just a matter of 498a...This is a pure case of cheating...where girls' side hide the earlier marriage....if marriage is true, then everything becomes void right from day1.
Guest
(Expert) 07 November 2012
Better take the hint in right perspective. unfortunately, as you perceive, the law or the law enforcing agencies do not consider it just a simple matter. offense under Section 498a is considered to be quite serious. In 498a case the police has to investigate case only on the angle of 498a, not on her cheating case for previously being married.
The section relates to the cruelty and harassment of the woman by husband and his relatives towards woman, where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. The offence is treated as cognizable and non-compundable.
So, even if your bhabhi’s earlier marriage is proved by investigation on the basis of the photograph, that would neither have any relevance with 498a case, nor can dilute the charge of cruelty. Your brother will have to prove his innocense about cruelty towards her. However, if your brother can prove her previous marriage, he can eparately seek divorce from her on that basis, but she is not supposed to be subjected to cruelty. May the charge be wrong, your brother has necessarily to prove his innocense.
ajay sethi
(Expert) 07 November 2012
hire a dtective agency . gather evidence of her earlier marriage and file for divorce
Raj Kumar Makkad
(Expert) 23 November 2012
You reconsider your offensive attitude first. The case has been filed against you all so police is not obliged to investigate into the evidence provided by you rather it has to collect material in support of the case/FIR so there is no justification for you to expect from police to investigate the photograph, the source of which even is not known and otherwise also the matter of first marriage is not connected with the present controversy.
Your brother has separate remedy of getting his marriage nullified from Family court by way of a separate petition if it comes to prove the fact of first marriage.
Guest
(Expert) 23 November 2012
Please don't forget, even if the case is filed for nullification of marriage and the verdict comes in favour of your brother, still he would have to prove his innocense in 498a case, as he did not enjoy any right to enforce cruelty or harassment towards your Bhabhi during his wedlock period with her on the ground of her previous marriage.
Divya
(Querist) 23 November 2012
Hello Mr. Dhingra, my query apart.........There are several judgments where if a person is earlier married thn 498a, divorce and all cases filed by wife become void....Nobody has to prove anything in such cases...
