Sourabh Chandramohan Gupta (High Court practitioner) 31 March 2012

Wife (decided in 125 crpc) can filed bigmy complaint u/s 494

Hello all Collegues & Friends, myself practicing in Nagpur (MS) High Court and in one matter i request/ require your kind suggessation.

1) My client (is an Advocate) proved her marriage in 125 Cr. PC confirmed by Sessions Judge & husband paying maintenance.

2) Husband filed Civil Suit for Declaration declaring that marriage was void - after the decision of Sessions Judge. Civil suit is pending- however interim relief asked by Husband was rejected.

3) Husband being Central Govt servent & Gazetted officer started living with one women & one child (looks exactly like husband) of 6 months begotten. My client filed complaint u/s 494 r/w 495 IPC u/s 200 crpc before CJM and he called report u/s 202 crpc.

4) Report contains the statement of that women that "i ran with one xx person without consent did marrige at xx place that child begotten in home thus no documents. My husband ran away ashamed going home i come to my cousisn-brother (husband) house, residing & taking care of his mother ."

5) Interestinglyly that lady did not quoted her parents name, place of residence, date of marriage, place of marriage, date of birth of child.

WHETHER IN THIS SITUATION MY CLIENT ON WHICH GROUNDS CAN PROSECUTE HUSBAND IF HE IS TAKING DEFENCE OF CIVIL SUIT.

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3 Replies

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER ) 02 April 2012

My friend,

We all know 494 is very difficulty to prove.

u sud hav booked a criminal case under section 497 ipc for living adultry, if it so.

clear me:

1. On which ground husbad fied a case for declaratlon?

2. What is d stand of advocate lady?

good luck

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 April 2012

Mr. Prasad is rightly ask the importent questions, i agree with him

Sourabh Chandramohan Gupta (High Court practitioner) 02 April 2012

Dear Mr. Prasad,

1) Husband has filed the Civil Suit for Declaration that the marriage performed between them be declared null and void. Current status he has completed his Evidence & filed pursis. Conclusion from his Evidence he failed to Disprove the marriage. His last witness was Village Development Officer who on the contrary submitted that their is valid entry on the marriage Registers of concerned Gram Panchayat.

2) Advocate Lady has (previously in 125 cr pc case) proved marriage photographs, negatives, photographer, boudha prist doing marriage. So obvously similar stand will be taken by her. Another important thing as per settled legal position proceedings under 125 cr pc may be of cr pc but are of Civil nature for the betterment of society.

3) In my bigamy complaint the 2nd wife has not submitted her fathers name, date of previous marriage, any medical prescripttion of child raise very basic serious doubts. On another side Husband, his mother, his sister has also given police statement and are vastly different from each other. In my opinion the 2nd lady must in reasonable manner prove that the child is of her and her husband.

In case you all finding this matter as much interesting you may further queery lets have a frank legal discussion may be will be helpful for my client who ultimately is an Advocate and is from our fraternity.