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How to File case of 498A


25-Feb-2023 (In Divorce Law)
One of my sister got married to person on Nov 7,2011. Suddenly something happened in 2013 nov my sister's husband started accusing her and telling some lies. She had girl baby on AUG 15, 2013. They stayed together for till August 2014. Now they are not staying together. He had filed applied for divorce case it's still going in court but we have got news about him saying he had married to someone. But we don't have any evidence as we cannot collect. But it is confirm that he has married. Can we file case against him without any evidence? How to file a case? I am trying hard to collect evidences.. Thank you Sir.
Answers (5)

Answer #1
575 votes
I have read and understood your query and shall be able to address your concern as I specialise in matrimonial dissputes. However I shall be needing some additional information so as to guide you well in this case.
Answer #2
774 votes
First of all you should have filed a complaint to the CAW cell for initiating the proceedings under section 498A or Dv act. Since you have recently recovered that the husband of your sister has married with someone else . In such circumstances you can validly file a complaint regarding the Second marriage of your brother in law.
Answer #3
744 votes
In that case you can file a police complaint against the person if u have his or her address then police make investigation and resolve ur issues and this is not done then u will hire a private dective ansd collect evidence
Answer #4
927 votes
We will suggest you to challange the divorce filed by him and also launch a complaint u/s.498a Ipc , if there is a demand of dowry from her in-laws side then dowry act also can be applied . If there is any voilence or beating , tortures from in-laws then go for domestic voilence . But do consult a family lawyer before doing such things otherwise you may get yourself in trouble for false allegations.
Answer #5
576 votes
If he has married without getting divorce or is having live in relation with another Lady the you should hire a detative agency and collect all the evidence of second marrige.
Then file a case for Bigamy.
You do not have a Case under 498A.

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