Dear Members, I need an expert advice as the 1st class magistrate also seems to be confuse.
I filled an complaint against my wife on section IPC 494, 420, 468, 466, 471 & 120B
Due to both govt certificates of marraiges were readily availaible magistrate (she did not took divorce) also within same judicial area Magistrate took cogninze of the offecne and my statement of oath was recorded. Now its been one month magistrate is not passing order asmagistrate was telling my lawyer to do an argument on 468 & 466 which he did but still magistrate is confuced
1) As she did not inform govt. and me about her first marraige while registring the second one with me. does 466468 ipc applicable to her
2) Also she had made passport, adhar card driving licence with my name as her husband. which I am not. does 466468 ipc applicable to her??
My question is
a) does 466 / 468 ipc can be imposed on her. ??
b) As i have 1.7 years of daughter but my illegitimate wife ditched me and staying with her legal husbad as she married me just because her family influence and her parents threathning me to name my flat on her name or else they would file 498a . which she did exactly after 12 days of msgs. I have made quashing application at Bombay High Court I also have video recording of threathning me and msgs of her legal husband. Can this be used??
c) I have a daughter age 1.7 I really dont know if its my daughter but I dont want to doubt as If I then I would spend lacs of money on DNA test rather I prefer it would be spent on that little girl. How much money I need to pay as she has filled 125 for maintainence of baby. Family court already have said that my marraige null and void. waiting for councling for the baby.
d) can I fill the application for custody of baby as she is staying with her husband at Hyderabad and baby is not with her on that grounds. Also can I say that she has non bailaible criminal cases and she may go to jail as the court has taken the cognance itself. Would Family court consider her character and give the illegitimate child to me???
e) Plz dont think I want revenge, I would rather take all cases back of her if she gives the daughter back. As in all this baby is only who is suffering a lot.
Thanx. Waiting for your valuable advice.
