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Gaurav (teacher)     15 November 2018

Second marriage during proceeding of 498a and 304b

My friend was married in 2010 and his wife committed suicide after 6 months. Both families are going through legal battle under IPC 498A and 304B. Case is still in trial mode and deliberately is being delayed by girls family. My friend is still absconding and planning to settle overseas. This is current state of the male. There is one girl who wants to marry that boy, what are legal complications if any for second marriage in this scenario.


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 7 Replies

umesh bhandare   15 November 2018

before getting discharged from above charges do not marry or else will be problematic and girls family can prove that was planing to get married with this girl

avniz aggarwal   15 November 2018

no issue for second marriage as 1st spouse is not alive.498A and 304b has no relationship with 2nd marriage

P. Venu (Advocate)     15 November 2018

The girl (and her family) willing, thee is no problem for entering into a second marriage.

Shashi Dhara   15 November 2018

U face the proceedings .if he is innocent he will be acquited.why he is hiding.if he hides delay caused damage to him Prove that he is not responsible for her suicide.all ready 8 yrs lapsed don't delay.

Kumar Doab (FIN)     16 November 2018

 

Generically speaking; Once the marital bond is broken man and woman may have another/any other partner by remarriage.

However your own LOCAL counsel can advise you the best in person after examining all facts of the matter.

You have posted other issues person suspected of abetment to suicide, absconding to avoid fair trial and clean chit/acquittal by state/courts of law…

Probably concealing from authorities of present country and may conceal from authorities of another country..by submitting false/fabricated information.

The relatives of deceased spouse (by suicide as in query) are agitating in courts.

You must rather, help your friend if he is innocent to get acquitted.

Kumar Doab (FIN)     16 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups for spouses (husband or wife) , community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, etc   etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Criminal/Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Avoid IT’s and entities loitering at various online portals to allure and fleece unsuspecting/innocent/hapless  querists many of which advertise with pictures of sick and old indivisuals and claim to be some Lawyer ( infact a Liar) and flaunt unknown firms as Law Firms ( Infact Liar’s firms) ….and are good for nothing Mufatkhora’s ( Freemongers) looking for bakra/shikar…

 

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g; Civil courts, HC, SC … Such counsels can draft so as to suit your long term interest.

You can also try for FREE legal aid from legal Aid center (DLSA) that is usually within LOCAL courts complex preferably from a counsel specializing in Criminal/Family/Civil matters.

A good counsel won’t render bad advice and waste time and money of client and won’t rush the client to courts. Such counsel shall point blank point out the merits and worth of the complaint and case.If your counsel has already told you that you have NO merits, give up the idea and focus on most imp. matter that need priority…. E.g. delaying tactics..

If the need be obtain 2nd/3rd……opinion from a very able counsel as already suggested.

Let your own very able LOCAL counsel opine on all points that you have and may have, after detailed discussion in person.

Kumar Doab (FIN)     16 November 2018

In the meantime you may go thru and pick up relevant points:

Delhi High Court

Jaideep Narang vs State on 19 September, 2017

Madras High Court

S.Sivakumar vs State Rep. By on 6 February, 2017

Supreme Court of India

Gurcharan Singh vs State Of Punjab on 2 December, 2016

Author: A Roy

Bench: Dipak Misra, Amitava Roy

 

And also;

Bombay High Court

Sheshrao Wasudeo Dange vs The State Of Mah. Thr. Its Pso Pso ... on 24 May, 2017

Bench: A.S. Chandurkar

 

04…. the death occurred within seven years from the marriage of the appellant and hence there was a presumption under provisions of Section 113-A of the Evidence Act. There was evidence on record to indicate demand of dowry and its payment. Merely because there was some delay in lodging the report, that by itself was not fatal to the case of the prosecution. He, therefore, submitted that the appellant was rightly convicted by the trial Court.

 

06...... Merely because suicide was committed within seven years of the marriage, the same would not automatically give rise to the presumption that suicide had been abetted by her husband. In Gurucharan Singh [supra], it was observed that continuity, culpability and complicity are various factors leading to abetment.

 

Supreme Court of Inida; man would not be entitled to claim properties and stridhan gifted to his wife if she dies under mysterious circumstances!

 

You may also go thru;

Madras High Court

R.Mala vs K.E.Thomas)

Application Nos.692 and 641 of 2010

in

O.P.No.637 of 2009


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