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Is there any time limit to file a case under Section 494 of IPC


20-Mar-2023 (In Criminal Law)
my mother is the first wife of my father and not divorced.he got second marriage with expartee divorce.but that on court notice he changed my mother's address and he put a address of him.he is the petitioner and he only received my mother's court notice.so we dont know about the court notice. so court granted a expartee divorce in 2003.my mother reopened that case.finally court dismissed my father's petition and cancelled his divorce. my mother complened in police station for second marriage 2003 and recently this month second time..but they not file FIR.THEY only adviced to go to court only.my father gave money to police.so they didnot helping.1.govt employee can do 2nd marriage ? how will be punished under conduct/service rules ? how to change second wife name in service record ?which court do we go ? 2.he got second marriage in 2003. can we file 494 or other section in court ?he will be punished for put a wrong address on court notice ?3.what is the time limit for 494 section.
Answers (2)

Answer #1
988 votes
Hi
Hi for offences registered under Section 494 I.P.C wherein the punishment is with imprisonment upto seven years, there is not time bar(limitation to file the case).
You can file a case against your father under 494 anytime
Also given that your mother was successful in re opening and dismissing the ex-parte divorce case, the courts will definitely take cognizance of offence from the date of dismissal of ex-parte decree.
You should file a complaint in the court where your mother is currently residing or in the court where your father and mother last lived as husband and wife.
Your father is also liable to be punished for furnishing wrong address in court notice.
applicable.
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Answer #2
866 votes
Sec. 498-A 's limit doesn't expires. it will be in force as long as the matrimonial tie continues.
1) obtaining divorce by cheating, mislead and misrepresent the court amounts to serious offence.
2) you can give a representation through your mother to your father's superiors stating the facts so far happened with a pray of inserting of your mother's name in his service records as the spouse by deleting the name (of your father's 2nd wife) if recorded as spouse.
3) if the police wont take proper action, you should file a private complaint against your father for the above said all offences.
4) if you seek any other relief file a case in Lok-Adalat.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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