Dowry harrasement

Yes she can file if she is not separated continuously for 3 years.

Please read each of my posts carefully in the following links.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Okay thanks Sir, one more question although we know that my parents has taken nothing but still they have to face this misuse of case, can we try and pressurize our uncle to take back that case as he himself has done wrong things in his life like ..like he has a baby to another woman besides my aunty and her son without taking any divorce.  Is that illegal and can we frame charges on him if we want... 

also he is a government servant, and I read that according to section 494 and 495 of IPC of Hindu Marriage Act, this is unlawful and can make him imprisoned for 7 to 10 years and can terminate from his government duties...

What your uncle did that is his personal life. Why are you interfearing on it ?

Your Aunty did the wrong thing by filing a false dowry case. Please take action on your aunty immediately as metioned above.

If marriage is not not properly solemnized as per Hindu Marriage Act (HMA) with your uncle and that woman then it is legal and not chargable as per 494, 495 IPC at all, even if they have child also. Please don’t interfear on anybodies personal life.
 

no need to worry, if your family members were not residing with them then she can not file any cases against you or your family, so sit tight and try to avoid interferance 

you are not clear with case.

Anirudh!!

Ask the lady to take a chill pill!! (Literally)

Nothing would happen to you and your family. Goons like these just fart it out and nothing else

Regards

Chetan Joshi

Thanks Rocky,  Nadeem, Sudhir and Chetan Sir...Thanks for your valuable suggestions.   I will get back to you if anything happens in the future.  Thanks again....

Dear Rocky...

That other woman is of other Caste (Muslim) and we are Hindus.  So I think according to Hindu Marriage Act, we can charge him if we want to...Although We and my parents are not doing anything like this because this is our family matter and we do not want to take this any further until and unless wrong done by them.

Thanks.

Originally posted by : Aniruddh
	Dear Rocky... That other woman is of other Caste (Muslim) and we are Hindus.  So I think according to Hindu Marriage Act, we can charge him if we want to...Although We and my parents are not doing anything like this because this is our family matter and we do not want to take this any further until and unless wrong done by them. Thanks.

Not understood what you want to say.  What you want to allege if someone is  Muslim.  Be clear what you want to say so that you get right reaction.

Originally posted by : Aniruddh
	also he is a government servant, and I read that according to section 494 and 495 of IPC of Hindu Marriage Act, this is unlawful and can make him imprisoned for 7 to 10 years and can terminate from his government duties...

IPC operates in bigamy case only iof the wife complains as it is non-cognizable offence.

but in case of Govt servant no formal complaint of wife (only reliable evidence) is sufficient to start departmental proceedigns.

a ) Agreeing with Mr Sudhir Kumar, I would like to add that only wife (your aunty) can file only 494IPC (Not 495 IPC). You can not.

b) Also all evidence should be as per Evidence act. Any document or paper is not evidence.

c) Also marriage should be solemnized with Hindu religious rites else said IPC is not chargeable.

Yes for IPC only wife can move.

For disciplinary action against Govt servant on the charge of bigame, anyone can give reliable evidence to the deptt and deptt is bound to take congnisance.

Bound to take cognizance on non-cognizable offence ?