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raghavendran (PA)     01 September 2013

Clarification regarding 494

Hello Sir,

I am a government employee ,got married five years back lived together for a very short period. My estranged wife left the matrimonial home on her own violation. After three months she filed a petition under section 498a with grave allegations before the police. After much ordeal the case under section 498a was decreed in my favour with the  finding that the allegations were false. The court further directed her to come and live with me as early in 2009.she has been defying the courts order till date. Now my question is whether she has got any moral or legal right to proceed against me under section 494,especially in view of the madras high court's bench order dated 30.5.2012 in the case of Ramesh Vs MLA's daughter passed by justice Elipe Dharma rao and M.Venugopal wherein it was clearly held that "A Women who files a complaint before the police under section 498a and if the same is decreed as false by the competent  court then she has no right for restitution and the marriage itself is emotionally dead on the day of judgment".

 

In the circumstance stated above please answer me whether she has any moral right or legal right to proceed against me under section 494.



Learning

 1 Replies

Shantanu Wavhal (Worker)     02 September 2013

JMFC court while deciding 498a case, wont order restitution.

494 is about bigamy.

what ur facts have to do with the same ?


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