What next step i should take?Warning to implicate parents falsely U/S-498.
dipankar
(Querist) 13 June 2011
This query is : Resolved
Dear Experts, I am Hindu and married a Hindu girl of marriageable age secretly in a temple without her parent’s knowledge.Now after 2 years her parents have objected to this marriage and had taken my wife in their custody.MY Wife has also taken her parents side now. I have lodged case under sec.9 of HMA and issued a show cause notice to them U/O 39 Rule 1 & 2 ,read with Sec. 151 for injunction as her parents are trying to remarry her. I have all proofs of marriage-Marriage photo, witness and Priests certificate.
Now I have two questions: 1st: They are warning me to lift the cases otherwise they will lodge criminal case against me and my parents U/S-498.How to take guard against this.
2nd: THE CASES mentioned are in my favour as they have not appeared in the cases nor replied to the show cause.the case is ready for Ex parte order.They have taken the cases lightly stating they are civil cases. What next step should I take or are laws so kaput that I have to watch helplessly.Please guide?
PALNITKAR V.V.
(Expert) 14 June 2011
You may go ahead with your cases. About the threat of 498A case, if they file it, they would not be able to have marriage of your wife with some one else. Because that will be a proof of marriage with you. But if they file it, you should be ready for anticipatory bail. I hope you will get it since you already have filed civil matters. Also send letters by RPAD to the concerned police authorities that your wife and her relations are threatening you of 498A etc.
Devajyoti Barman
(Expert) 14 June 2011
You should either proceed with the case or cower under their threat and withdraw the case.
Either of the two is in your hand.
If you can pluck some courage then you can file a case for criminal intimidation against them.
dipankar
(Querist) 22 June 2011
My lawyer is suggesting to lodge a case U/S-406 IPC, 506 IPC.Are these cases valid in my case.I do not understand how 406 IPC is applicable in my case.Please suggest before i move forward with these.
