False Bigamy Case-Foreign Citizen

I thought I had retired from this forum, but here I am again making a guest appearance...

What do you mean by saying "under her presence?" If you divorced your wife in a foreign Court, it has to be with her presence or involvement to make the decree stand-up to scrutiny in Indian Courts. So, if you have a divorce decree, even by a foreign Court, where she had full opportunity to participate and actually participated and contested or consented, then the divorce decree, which was not an Ex-parte one, is final and will be honoured by the Indian Courts. Please read in between the lines here... All clauses must be satisfied. If you have such a divorce decree, then there is no basis for a bigamy case. 

You need to understand that there is a significant difference between filing a case and winning & just filing a case. Your ex-wife can file all kinds of cases but your goal should be to minimize your losses in lost time and energy, not merely to win the case. The later is easier than the former. Always keep that in mind. 

DV will be thrown out. The statute of limitation is one year from the last alleged incident and within one year of the end of a domestic relationship.

With a valid divorce decree, there can be no case of bigamy.

So, what you are left with is 498 case and I am not very knowledgeable in that area as I did not have to face it.

What you should do is file a separate case asking for compensation from her for filing falsified suit. Remember, I am not referring to the usual stuff that lawyers put in India about asking for compensation in their Written Statement (response), but a whole different civil plaint on the law of torts. You should also initiate perjury cases in the main case though it cannot be ruled now. But your mere filing will send a loud message to her.  All this will discourage her from falsified filings in the future if she knows that her liability, civil and criminal, is non-trivial if she files falsified cases. 

GOOD LUCK TO YOU!!!

 

 

 

 

In my opinion, you better file a Writ Petition u/.482 of Cr.P.c. for quashing 498a as well as bigamy...

you will succeed

 

Anamika Vichare

Advocate,

Family Court

anamika_vichare@rediffmail.com

Hi Samir, Divorce was given by competent court in Australia and is absolute it was nt e party plus we both are domiciled here since last 12 years and don't have anything to do with India. She is abusing process of law india to file these cases to harass my parents. We filed a quash in 498a in HC theytold us since chargesheet lodged as we all had to take bail so to go trial court with first same plea .. So back there .. Indian judge at his best. In allcases have told already divorced , nt indian citizen and don't live there but still keeps on getting dates...girl keeps on saying she OCI as dual citizen when its only a life long visa. In maintenance case magistrate asking me to put my financial details ?? .. When we are arguing its maintainability on grounds girl herself lives outside india and works there. Some advise how to approach this would be appreciated . Bigamy case we would furnish all legal documents to the court to prove it was nt exparty. Police came to my parents for inquiry .. How can in bigamy case my parents been involved ?

Anamika, We lodged in Hc was told to go lC. So my opinion HC judges don't care. In end lawyers like you win who make money from such process . My exp go to HC after trial verdict is given ... As you can see my case was straight forward knowing nt indian citizen, living abroad still this abuse happening due bribed police who lodges fir on false vgrounds. So have to fight this system.. No point lodging perjury when other party neither have money and would take flight back once she see herself losing.. Allthese cases pursued by ex MIL who stays in India and best part also is an Australian citizen. Await your thoughts ..