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06-Sep-2023 (In Divorce Law)
My husband's girlfriend filed a fake 494 on her husband and dragged my name into that 494 case. Just because my husband dont want to return my dowry money and all the stuffs which was given by my parents in the marriage. And my husband is using that 494 FIR in my divorce case which is filed by my husband. He is putting false allegation on me. I dont have brother. My parents are more than 60-year-old and I am taking care of my parents.
Please suggest me what should I do in this situation.
Divorce cases are very different from that of 494 cases and so is the method of dealing with them. Unless the former 494 case is not proved against you, your husband can't get divorce from you if his whole case is based on that 494 presumption, which is subject to the decision of the court. For proving 494 cases, the accusing party must have direct evidence to prove bigamy. Let both the cases be proceeded simultaneously. We can strategize what to do next as we have many options available here to proceed with, which you have to choose. You can contact me for further guidance.
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Adv. Saurabh Tripathi
Indore | 100+ Answers
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U should get the matter investigated from the senior authorities about the allegations against u in the FIR by ur husband's girlfriend against ur false involvement . Have u registered a case against ur husband for criminal breach of trust for not returning dowry. Are there any evidences such as photos ,chats ,videos about ur relationship in the FIR against u .
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Adv. Ashutosh Patel
Jabalpur | 200+ Answers
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If you have any evidence regarding illicit relationship of your husband and his girlfriend then you can use the same in both the proceedings. You should follow the following steps :
Step 1: In Section 494 Case
You can file a quashing petition under Section 482 CrPC before the High Court for quashing the false FIR of Section 494. The proceedings in the trial court will be stayed during the meantime.
Step 2: Defend in Divorce Case
Your husband would need strong evidence to prove any illicit relationship of yours with other person in your Divorce Case. Merely filing of an FIR is not a prove in itself. You would not get much problem in that case.
Contact us to know a detailed legal solution for this.
Step 1: In Section 494 Case
You can file a quashing petition under Section 482 CrPC before the High Court for quashing the false FIR of Section 494. The proceedings in the trial court will be stayed during the meantime.
Step 2: Defend in Divorce Case
Your husband would need strong evidence to prove any illicit relationship of yours with other person in your Divorce Case. Merely filing of an FIR is not a prove in itself. You would not get much problem in that case.
Contact us to know a detailed legal solution for this.
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Adv. Harsh Kumar Patidar
Indore | 25+ Answers
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First of all dont worry...Allegations have to be proved in the court...I have some que regarding your marriage...When your marriage got solemnized and from how much time you are resciding at your parents home.
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Adv. Sushil Kumar Gothwal
Ujjain | 200+ Answers
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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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