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498A FIR filed in a void marriage how to proceed with it legally now
24-Oct-2023 (In Divorce Law)
My alleged wife has sought a 498a FIR although her earlier is subisting my law. She had a panchayati Nama. Police are just not listening to this and said that either I take her back or an FIR shall be lodged. They are saying that I knew she had a panchayati Faisla of her earlier marriage. What can be done in this case? Shall I let FIR be lodged against me and then go for dismissal of the case on void marriage? Plus the police is not entertaining my application on 494/495/420/120B. Although, the police have been very gentle with me. Any suggestion. I dont want to do anything that may antagonize the police. Actually, the personnel wanted both of us to reach and out of court settlement. But the other party is not agreeing. They just want resettlement which I donot want after knowing that it is a void marriage.
Dear Client, Your marriage with complainant is void. You have remedy to life a petition for milling of Marriage Under Section 11 of HMA ,1955 and Also you can file blanket bail Under section 438 CRPC. But be careful first of all file petition under section 11 of HMA,1955 of then file Blanket Bail Under Section 438 CRPC in which you should disclose fact of Institution of Petition for milling of Marriage. Otherwise u have to reconcile the matter thanx.
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Adv. Hanee Azad
Hoshiarpur | 25+ Answers
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You can't take advantage of this fact of earlier marriage and Panchayati divorce in the criminal proceedings of maltreatment of wife for the allegations of demand of dowry etc. However you can file divorce petition on this ground of you both lived seperate for more than one year.
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Adv. Ajitpal Singh Mander
Bhatinda | 100+ Answers
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