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Pavan kumar (AVP)     22 March 2013

Mrraige declared void can file case under 495

The marraige between parties declared Null and Void under section 11 & 5(i) of HMA. as wife was having living spouse at the time of second marrage and she was not legally divorced and fact of not lagal divorce was hide while remarry from second husband.  

Can husband  file case of 420 & 495, conceal of first marrige facts while remarry  ? 

As case of marriage declare null & void was transfer by Supreme court order to wife city ,Both parties living at different cities. the case file under 495 can also be transfer to wife city ?



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 1 Replies

Shantanu Wavhal (Worker)     22 March 2013

the husband can file - IPC 494, 495, 109, 417, 420, 34

the husband has to file private complaint in proper jurisdiction i.e. the place where the marriage was solemnized.


when the husband is complainant, the place where both last resided together does not get jurisdiction



sec. 11 case, being a civil case can be transferred to wife's city.

criminal case can not be transferred as per the convenience of the parties.

criminal case will be tried only by the court having proper jurisdiction. i.e. the place where marriage solemnized.


pl check ur PM and revert back.


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