i called Anti Corruption Bureau to inform about the harrassment. So a trap was setup and the A.S.I. who was inquiring the matter was caught taking bribe and he lost his job now.

I think after your action mentioned above they might be scared of taking any action against you. :-)

Bravo Jon, When you started fighting against police officer, tehy would have known you are strronger and no use to threaten for compensation, other thing when she does not have valid marriage proof , they cannot bring you to India on any legal sections. I think, Police officer would have advised that they need proof of marriage for proceeding further else this will be dismissed later unless they bring the person who solemnised the marriage.But this only a speculation.

However people should take lesson from your attitude and be strong to fight police administrationa nd teach lesson, this way not only false 498a is reduced and also other threatens and corruption this country faces.

@ author

She will conevey the fact to the police that the moon is the sun and vice versa it does not mean that the cops are going to believe the fact that it is the gospel truth  . When the marriage itself is not registered than where is the question of stridhan arising :-) and if the list of articles too is mentioned than you can always convey the fact to produce the bills else she may ask for 50 soverigins of gold to be given back to her which you have neither seen .

The first thing for a case to have some weightage there should be some prime facie evidence and the next thing for them to prove is that your marriage ever took place :-)

i called Anti Corruption Bureau to inform about the harrassment. So a trap was setup and the A.S.I. who was inquiring the matter was caught taking bribe and he lost his job now.

Bravo man.....

Jon,

Can you please elaborate step wife the procedure to trap corrupt Police officer.

That will definitely help others.

Regards

Fighter

Originally posted by : fight_with_498a
	Jon, Can you please elaborate step wife the procedure to trap corrupt Police officer. That will definitely help others. Regards Fighter

When a illegal demand is made by any govt. officer in india then you can oppose this by informing anti corruption bureau. Thereafter the district Anti corruption police inspector will be assigned to handle the case once you inform the matter they will teach us how to set up a trap. There will be two panch officers when such trap will be set up. So in my case my uncle had 20,000 Rs and when the officers came to our house the bills were marked with anthracene powder. The two panch officers identified themselves as our relatives and when the officer took money from his hand and put in his pocket the inspector stepped to our house and then they took the A.S.I. to police station where the amount was collected with his fingerprints and two panch officers signed as witness. I do not know what else took place in india but this is how it happened once i have more information i will share this with u. But i am still waiting on experts reply. How would some withdraw complaint so easily or in other words why court did not question this coz now i want to bring this up to court for the harrassment me and my family members had. They owe me an answer and i think i am entitled to know ...

 Nehle pe dehla

no proof of marriage--------> No question of recovery istridhan and no 406 IPC

My wife filed IPC 406 against me

when u admit that she is ur wife, then the factum of marriage is presumed.

if u have cohabited with her as husband, and made a representation to the society that u are husband and wife, then also marriage is presumed.

the mere fact that the marriage is not registered does not make the marriage void.

if u r claiming that there is no marriage & if ur wife has some proofs of cohabition as husband & wife / marriage, then its ur burdon to approach a CIVIL court and get declaration to that effect.

IPC 406 is compoundable.

the complainant can withdraw the complaint anytime.

instead of withdrawing, the complainant if remains absent, the complaint automatically gets dismissed after some hearings

the moot point is :

why are u tearming her as MY WIFE - MY INLAWS ?

why is she claiming that u r her husband ??

Ingredients of IPC 406 :

the articles must be entrusted by the complainant to the accused.

the accused must has misappropriated / unlawfully converted for personal use the articles.

the complainint must have requested the articles back from the accused.

the accused must have refused to return the articles to the complainant.

@ Amit let's keep the forum the way it is ! Do you want me to call tht miserable women something else on public forum. If i call her something bad then i would break forum rules and my post would be deleted pls don't try to drag my post somewhere else. And for inlaws i have better word for them but can't put that here in public forum as well. I appreciate your advice and thank you for sharing the definition of IPC 406.

P.S. My relationship with her was never cohabited and i am thanking god for that. Never Ever Ever going to deal any hindu marriage in life.

@ Amit i guess it varies from person to person somepeople get away with it very soon and some just don't

Lady can say whatever she wants all i know is i am done with that miserable lady. Court believes in proof and not jst saying that she slept with me. If she says she did, then she has to prove it.....so forget about cohabition.

1) Now in police inquiry there was nothing mention about stridhan and all she mentioned was that she filed maintenance and she never got any maintenance for me.

2) Most important part was that our marriage was not registered and the lawyer who conducted the marriage just made us sign on marriage memorandum and gave us marriage certificate however we never went to court for marriage registration (Can this be the reason for withdrawal of complaint because during police inquiry we mentioned that marriage registration did not take place)

3) In the police report my wife mentioned that we demanded 1 lakhs fifty thousand from her and her family members and witness also said the same lie.

4) When police questioned her about marriage photographs she said that she doesn't have any photographs but she knows that marriage took place.

what is this ?

u have done marriage & now denying ???

18.       Punishment for contravention of certain other conditions for a Hindu marriage

Every person who procures marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv) 3[and (v)] of section 5 shall be punishable-

(a)        in the case of a contravention of the condition specified in clause (iii) of section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both;

(b)                in the case of a contravention of the condition specified in clause (iv)or       clause (v) of section 5, with simple imprisonment which may extend to one month or with fine which may extend to one thousand rupees, or with both; 4 [***] 5 [***]

Indian Penal Code (IPC)

Section 496. Marriage ceremony fraudulently gone through without lawful marriage

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

State Amendment

Andhra Pradesh

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compound­able.

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].