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Mukund (IMA)     16 October 2012

Is it ossible to file 494 and 498a together

The man gets married to another woman 2 days before he gets legally divorced from his previous wife.The marriage was performed in a temple as per Hindu ceremonial marriage.the couples are not living together.

The 2nd wife was aware about his divorce status but now she plays ignorant.In this situation is it possible for the 2nd wife to file 498a and DV ? As far as DV and 498a is concerned its only possible between husband and wife and as per Hindu marriage it says marriage is void if done during lifetime of another wife.Also the marriage was not registered because telling lie to a registrar and signing a legal document will have more trouble.

Now in this situation is it really possible for her to file 498a,DV ?

If she files 417 and 494 then its a bailable offence the man has time to prove his innocense and time to prove that the girl was aware about everything not like 498a and DV which puts the man behind bars without giving a chance to prove his innocense.

Experts advice needed in this situation



Learning

 2 Replies

Tajobsindia (Senior Partner )     16 October 2012

Actually yes, she can FILE, i.e. second lady in this man’s life can file “promise and intention to marry” petition writing skills based clauses both S. 498a R/w S. 417, 420 as well as DV.  

S. 494 IPC second wife cannot file.

Ref. to my post in Expert section on Hindu Temple Marriage at link for clarity why I said she can file

https://www.lawyersclubindia.com/experts/Re-marriage-in-a-hindu-temple-345216.asp



Keyword: Filing

1 Like

(Guest)

I have a divorce case in a district court in Trichur.The girl`s side are dragging the case on inorder to get more money.She even said in the mediation(in front of the judge hearing the case) that she doesn`t want to live with me.But her lawyer is dragging the case on inorder to get more money.The judge has given 10000 rupees as maintenance which I can afford.But my lawyer says I should appeal as otherwise they will drag the case even further.What should I do?


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