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Krishna Madasu (Sr. Claims Associate)     07 September 2014

Ipc 493 case in court even after marriage

Dear Experts,

In march 2013, my girlfriend booked a case on ipc-420,417 & 493 sections. i went to remand and got bil, after two months of remand, i got married with same girl on the condition of case compromise after marriage. but still the case is running on me and we both are living together without removing case on me. this week i sent her to out of my home by saying. come to my life after removing the case in court. Now she went to police and put a case on me IPC-498a, i want to ask...

1) does she have any right on me as a wife?

2) does court accept two cases on one person?

 

Please advice...

thanking you

Krishna



Learning

 3 Replies

Shantanu Wavhal (Worker)     07 September 2014

Dear Experts,

In march 2013, my girlfriend booked a case on ipc-420,417 & 493 sections. i went to remand and got bil, after two months of remand, i got married with same girl 

 

i read till here and without reading further, it flasshed in my mind that - she is gonna file 498a soon in future

 

1) does she have any right on me as a wife?

 

yes - she is ur legal wife

 

 

2) does court accept two cases on one person?

 

yes, why not - the next case is filed after marriage and 493 is filed before that

Adv. Chandrasekhar (Advocate)     07 September 2014

running of earlier case was the only bone of contention from your part to turn away your wife, and invited S. 498-A in return, then you did a blunder.  Talk to your wife and get her acceptance and file a case under S.482 Cr.P.C. for quashing of the earlier and the latter case.  If your wife comes to H.C. and gives her consent, both the cases will be quashed.  If she is not willing to give her consent to come to H.C., then there is more than meets the eye and you have to face the prosecution in both the cases on merits.

T. Kalaiselvan, Advocate (Advocate)     10 September 2014

As properly advised by learned advocate Mr. Chandrasekar, it is better you talk to her and ask her to give consent (or NOC) to the quash petition you may file against her present criminal cases against you.

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