Chetan Singh (SE) 02 August 2011

Want to file case on wife

Dear Lawyers,

I want an advice, We have done arya samaj marriage in 2010. since my wife filed on me 498a, 507 false cases on me, I went jail for 1 months.Now she is not ready to settledown the case and demanding 10 lakhs for her. Becuase I dont want to leave with her, I want to do another marriage.
She had hided me many things before mariage like her first husband and her son of first husband.
Even then I am ready to give her, seperate room ,food, clothes lifetime.

But she is asking all these along with 10 lakhs.
Case hearing is going on , I have proof of her first marriage like her son marksheet,her job experience letter,bank account deatils which contains her first husband name on that.
So can I also file case of bigamy on her since she has hided me all these before marry me.
Will I need to file case seperatley or can i contunuie(merge) in my 498a case with it.
Please also suggest what more cases can i file on her since she is very clearver lady .

Please help me to win the 498a case or to destroy the 498a case on me.

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8 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 August 2011

Then go for the divorce on the ground that she is already married and got one child.

Saurabh..V (Law Consultant) 02 August 2011

@Author

First you have to clarify that if your wife was married to her first husband, did not divorced him formally and parallely married you? If it is so, she would be punished for Bigamy under IPC. Additionally she can be booked for Cheating, False Implication in cases, and various other provisions under IPC.

I think you have a very strong case. Just get your facts clarified and appoint a good advocate. She'll be thrown behind bars for being in-human and deeds she did with you.

//peace

/Saurabh..V

Chetan Singh (SE) 03 August 2011

Thanks Surabh and Rajeev for your advice.

I am not able to prepare myself to put her behind the bars like Jail. Since I have suffered in jail experience and it was very bad.
Since we did love marriage but she had done cheating with me but still i have feeling for her , if i send her jail then her son will alone and she belongs from poor family so no one would apply bail for her.

On the contrary , she is stick on her demand of 10 lakhs , I have tried to convense her to solve this peacefully but she is not agree without money and money i cant afford.
So can anything i do without doing FIR on her, I mean to say I want to solve these peacefully without sending her jail. I want to show in court all the documents which i have collected and wants my marriage nullify with 498a. So that she can go her way and i should go my way.

Please advice , I dont want her to get victim of jail tortures since I have a soft corner for her. I want to solve all peacefully.

Chetan Singh (SE) 03 August 2011

and If sending jail is required here, so can anybody bailout her easily from her family or me?

SACHIN AGARWAL (ADVOCATE) 03 August 2011

Better to go for divorse. File divorse.

SACHIN AGARWAL (ADVOCATE) 03 August 2011

Go for divorce on the ground that she was already married and conceal this fact before marriage.

Chetan Singh (SE) 03 August 2011

ok, but I need to take divorse from court which will take long time more than 1 year .
By MCD she is demanding 10 lakhs which i cant afford.
If from court i get divorse then how to fight 498a .

498a is also now going on court. Can I show my collected documents against my 498a case or need to file seperately case on her without FIR.