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MrDinoMorea (O)     01 April 2013

Post marriage of accused people in 498a cases


Can the brother/sister of a person implicated in a 498a case get married (Not the main accused - his relative/brother./sister who has also been falsely implicated in the case by the wicked ex wife)?
 
Can the eveil ex wife throw a spanner in it if she gets to know?


Learning

 6 Replies

Sanjeev (Lawyer)     01 April 2013

Yes they can marry there is no restriction. it would be good to let the prospective match know the ongoing legal cases so that they make a informed decision and dont turn around on discovering the facts through somewhere.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     01 April 2013

Dear Mr. QUERRIST

                                   RECENTLY THERE ARE 2 JUDGEMENTS DELIVERED BY THE HONORABLE SUPREME COURT OF INDIA IN FAVOUR OF THE 498A VICTIM . ONE JUDGEMENT IS THAT EVEN THE ACT OF THE MOTHER IN LAW KICKING THE DAUGHTER IN LAW AND THREATINING THE DAUGHTER IN LAW THAT HER SON WOULD DIVORCE HER IF HER BEHAVIOUR IN THE FAMILY IS NOT CHANGED WILL NOT AMOUNT TO CRUELTY UNDER 498A .THIS JUDGEMENT WAS BASED ON AN EARLIER JUDGEMENT BY THE SAME COURT . SECTION 498A HAD BECOME A WEAPON IN THE HANDS OF THE ASSASSIN AND SO THIS SHOULD BE CURBED . ALL THE ACCUSED WERE DISCHARGED .THE DETAIL JUDGEMENT WILL THROW MORE LIGHT FOR YOU HOW THE COURT HAD COME HEAVILY ON THE POLICE FOR FILING THE CASE .

            THE NEXT JUDGEMENT WAS PUBLISHED IN THE HINDU DATED 29TH MARCH 2013 [ CHENNAI EDITION ] WHERE THE COURT HAD SAID THAT " THE CONDUCT OF THE MEMBERS OF THE BRIDEGROOMS FAMILY IN KEEPING SILENT AND NOT COMING FORWARD TO SETTLE A DOWRY DISPUTE WILL NOT CONSTITUTE AN OFFENCE OF CRUELTY OR DOWRY DEATH. :. A BENCH OF JUSTICE A.K. PATNAIK AND S.J.MUKHOPADAYA SET ASIDE A JUDGEMENT OF THE JABALPUR BENCH OF THE MADHYA PRADESH HIGH COURT WHICH HELD THAT SUCH CONDUCT ON THE PART OF BRIDEGROOM BHARAT BUSHAN'S BROTHER AND THE LATTERS WIFE WAS CERTAINLY AN ACT OF CRUELTY AND RESULTED IN MENTAL DISTRESS TO THE YOUNG WOMAN WHO COMMITTED SUICIDE JUST TWO MONTHS AFTER MARRIAGE .CHANDRA BHUSHAN AND HIS WIFE WERE AGGRIEVED THAT THEY WERE CONVICTED OF CRUELTY AND DOWRY DEATH ALONG WITH THE BRIDEGROOM AND HIS PARENTS .REST YOU READ IN THE DETAIL JUDGEMENT . - JOSEPH WILFRED - 01/04/2013 AT 20.51 HRS.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 April 2013

There is no legal bar on an accused to get married.

 

However, what the other party does is of no legal consequence, but surely of some societal influence. However, with the knowledge of false cases being filed at the drop of a hat, there is very little that the other party would think of such cases.

 

Regards,


Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

Manish Udar (www.Mehnat.IN)     02 April 2013

No problem, get married.

Narcissistic Wives

1 Like

Goutam Prasad (Advocate)     03 April 2013

Being implicated in 498A case does not bar any one from marriage. For getting married only thing is that he/ she should not have any legaly wedded wife alive. Hence you can marry.

 

Goutam Prasad

Advocate

Supreme Court of India

 

Mob: 9810753838

 

https://www.aegisjurist.com

 

https://www.facebook.com/aegisjurist

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     03 April 2013

Dear Forum Members 

                                          I DID NOT DISAGREE WITH YOUR ADVICE THAT THEY CAN MARRY EVEN WHEN THE498A CASES ARE GOING ON AGAINST THEM . THERE IS NO BAR FOR THEM TO MARRY EVEN WHEN THEY ARE IMPLEACATED IN THE 498A  CASE . MY ADVICE TO THEM IS WHY SHOULD THEY MARRY AS AN ACCUSED IN A CRIMINAL CASE AND LOOKED UPON BY THEIR IN LAWS AS AN ACCUSED IN A CRIMINAL CASE AND GET A DIFFERENT TREATMENT IN THEIR IN LAWS HOUSE . WHEN THEY ARE 2 CASES AND THAT TOO 498A IN FAVOUR OF THE ACCUSED  RECENTLY DELIVERED BY THE HONORABLE SUPREME COURT OF INDIA , LET THEM USE THAT JUDGEMENTS AND GET DISCHARGED FROM THE CASES AND THEN MARRY AND IN SUCH A MATTER THEY WILL GET MORE  RESPECT IN THEIR FAMILIES WHERE THEY ARE GETTING MARRIED  AND MORE SO  THOSE FAMILIES  WILL DARE TO GO AGAINST THEM AND THEY CAN LEAD A RESPECTFUL MARRIED LIFE . THIS IS MY ONLY ADVICE IN THAT MATTER AND IT IS FOR THEM TO TAKE IT OR LEAVE IT .- JOSEPH WILFRED - 03/04/2013 AT 21.19 HRS. 


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