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Court marriage with another girl by husband how to proceed
18-Aug-2023 (In Family Law)
I have been married for 20 yrs with no kids... Husband has been abusive...never took medical recourse. Both of us are employed as Shiksha Mitra in UP. Now he has cheated and married another girl. We have registered a case against him under sections 494, 504, 506, 498A and also dowry sections 3,4. It has been 3 months, police has not taken any action. They wer supposed to send case to mediatuon long bak..but have sent last week.. That too I am not sure as they ate getting money.. Husband threatening on regular basis to withdraw case..but now it seems beyond reconcilliation.. I have also filed case for maintenance under 125 and DV under 12.. Even, the girls father has now managed to file FIR under 363 , 366.. Still no action by police.. Husband sitting pretty.. I hav met DM/SP/SHO/SI..but no action.. As it is they hav deliberately delayed sending case to mediation..so chargesheet can happen only after mediation report. Plz advice further action.thanks
Go actively nd regularly in mediation cell. Decide if you want to settle the case or you want to register the FIR against your husband. Then hire a private lawyer who can fasten ur case proceeding. Also dowry case is not applicable here as its long time to marriage.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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Chargesheet is filed when investigation is over. If you feel the police is unneccesarily dragging the time then you can approach the same Magistrate before whom you made a complaint.
OR
File two RTIs.
One in Police Deptt. to ask about the max. time in which such cases . Also ask why is the I/O not sending the case or what is the hurdle
Second in the court asking the procedure to be followed by the police officer if there is a delay beyond the statutary limit in filing it. Also ask what has the I/O done after the time exceeded.
Note that there is a statutary privision in CrPC that is the I/O is delaying the chargesheet, then after the prescribed time he has to make a diary entry at his police station mentioning what he did on every day for that case. Also he has to make a report and submit before the magistrate regarding the progress of the case.
OR
File two RTIs.
One in Police Deptt. to ask about the max. time in which such cases . Also ask why is the I/O not sending the case or what is the hurdle
Second in the court asking the procedure to be followed by the police officer if there is a delay beyond the statutary limit in filing it. Also ask what has the I/O done after the time exceeded.
Note that there is a statutary privision in CrPC that is the I/O is delaying the chargesheet, then after the prescribed time he has to make a diary entry at his police station mentioning what he did on every day for that case. Also he has to make a report and submit before the magistrate regarding the progress of the case.
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Adv. Tariq Anwar
Jhansi | 25+ Answers
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आपने लीगल सब कुछ फॉलो किया फिर भी कोई करवाही नही हो रही है
आप एक काम कीजिये आप उनके ऊपर एक क्रिमिनल केस कीजिये या फिर आप कंप्लेन कीजिये कोर्ट के माध्यम से उस कंप्लेन या केस ये जिक्र कीजिये कि मेरा इनके साथ पहले से विवाद/केस चल रहा है और उस केस को वापस लेने के लिए इन्होंने ये क्रिमिनल एक्ट किया है अगर आप देल्ही है तो आपको बहुत फायदा होगा एविडेंस बनाये ओर क्रिमिनल केस कीजिये जरूर वो जेल भी जाएगा और जो आप चाहोगी वो करेगा लेकिन धयान रहे केस स्ट्रांग हो
आप एक काम कीजिये आप उनके ऊपर एक क्रिमिनल केस कीजिये या फिर आप कंप्लेन कीजिये कोर्ट के माध्यम से उस कंप्लेन या केस ये जिक्र कीजिये कि मेरा इनके साथ पहले से विवाद/केस चल रहा है और उस केस को वापस लेने के लिए इन्होंने ये क्रिमिनल एक्ट किया है अगर आप देल्ही है तो आपको बहुत फायदा होगा एविडेंस बनाये ओर क्रिमिनल केस कीजिये जरूर वो जेल भी जाएगा और जो आप चाहोगी वो करेगा लेकिन धयान रहे केस स्ट्रांग हो
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Adv. Amir Hussain
Ghaziabad | 25+ Answers
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You get get a case filed for bigamy as without divorcing you your husband has married another girl for which the punishment is 7 years but the sad part is maintainence will be less as you are also employed in the same capacity as your husband and no kids.
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