A girl which was already married under special marriage act 1954 section 13 in jan 2017 got married again under hindu marriage law in Oct 2017 by using fraude and shows that she is unmarried she and her family perform 420 with groom and his parents.
after 2 month of marriage some one inform groom that the girl is already married and then groom collect evidence of her past marriage and he founds marriage certificate u/s 13 SMA 1954 .
finally an meeting was arranged where bride's parents accept that they cheats and never share the information regarding bride's first marriage with groom and his parents .
at last no settlement was taken place between both parties so groom files case u/s 495 120(b)
and section 11, 17 HMA. both are in trail and launch FIR u/s 420 ,406 IPC
after couple of months bride try to file false case of 498 but fails to do so but she files false case under Domestic voilance 2005 .
*most important : No divorce decree from court has been taken by bride for her her first marriage which was solemnised under SMA 1954 (before 1 year even parties can not apply for divorce in sma provisions) instead of digree she registered a deed of separation in registrar office (it is not valid as per provision of SMA) so her first marriage still exists.
My queries are :
1. the cases of groom are based on evidence and true and files before bride side case so what is the effect of both cases on DV 2005 case file by bride ??
2. is it possible that due to cases which files first by groom are helpful to dismiss the case files by bride??
3. in DV 2005 case is there any procedure for arrests??
4.whats if groom did not attend the hearing of DV 2005 case and sends his reply to court that 2 cases are already in court against bride side and bride intentionally file case to harass groom side ??
DV from her side is basically a counter case.
If you have strong evidence about her first marriage, then gravity of DV case is low.
But she files some other cases then it may go against you.
