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False 498A case filed and wife is not coming to matrimonial home
24-Jan-2023 (In Criminal Law)
Sir I have married june last year in a soecial marrige act. After three month of my marriege a married woman lodge a false 494 case against me showing a notary paper whom I signed. She is not divorced and still stay with her husband now. After the 494 case my in law take my wife forcely from my home and not allowed to stay with me. But my wife want to stay with me. My query is can I get back my wife legally. Can My in law lodge any legal action against me or not. Now my 494 case is in sdgm court and I get a bail. Kindly suggest
If 1st marriage is not registered and you marriage is registered before marriage officer under the act then you are the legal husband . Approach high court to quash the 494 proceeding and file case for restitution of conjugal life
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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First of all notary is not empowered to register marriage, hence on basis of that document no case made out against you. Your in-law will have no case against you on that score. If your wife wants to stay with you no one can prohibit her doing it.
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Adv. Manoranjan Dash
Bhubaneswar | 25+ Answers
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How she can show a document which you have not signed. You have to verify when the document signed, what time, where were you at that time. Make sure you have some evidence of your presence at that time somewhere else
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Adv. H V B R K Dora
Bhubaneswar | 25+ Answers
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Yes Sir, You can get back your wife, legally. Your Father in law has no right to keep your wife.
You can file a Habeas Writ in the High Court of Orissa to get back your wife.
Further your case need to be reviewed. You can contact me with all papers.
You can file a Habeas Writ in the High Court of Orissa to get back your wife.
Further your case need to be reviewed. You can contact me with all papers.
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