• What to do please suggest?

I am a muslim, married to muslim lady. i have given around 3 lakhs of gold to her in marriage. marriage lasted 5 months. wife filed 498a and its accessory cases on me and my family members 2014, chargesheet filed on december 2015, court appearance started january 2016... appearance stage going on in court. in between discharge application filed on my elder brother(now in gulf) and uncle is rejected.
wife filed maintenance case in march 2015 and i filed divorce in june 2015. she dint attend court and sent memo that she is reay to divorce but dint turn up. she remarried on january 2016 when divorce petition is still pending. she withdrew maintenance case in march 2016. And just before 3 days of her second marriage sent me letter in plain paper stating that she has given her consent for divorce and she wrote that she is giving khula(a muslim lady giving talaq) to me. i showed that letter to judge in divorce case, he dint accept and told she should appear infront of him. i have collected her second marriage cerificate. still my wifes's brother and her father demanding money from us to close 498a case.
is it right to file a bigamy criminal case on her ?
one of the accused in 498a my elder brother and brother in law both are in gulf, so whether the 498a will be delayed because of this ? and how to proceed with 498a case ? 
divorce case still pending. can i approach High court to quash 498a case?
what will be the next stage in 498a after the discharge application on my elder bro and uncle is rejected ? court has given order as appearance of accused on next date.
Asked 7 years ago in Criminal Law
Religion: Muslim

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5 Answers

1)Khula’ means the separation of the wife in return for a payment; the husband takes the payment and lets his wife go, whether this payment is the mahr which he gave to her, or more or less than that.

2) on receipt of payment husband should say i let you go or i separate from you

3) in your case no payment is received by you mere letter is given by wife

4) file case of bigamy against your wife under section 494 of IPC

5) it would force wife to compromise the 498A case filed by her

6) on basis of compromise file petition of quashing under section 482 of crpc

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

dont file for revision .

2) since specific allegations have been made against your brother / uncle they have to face trial

3) revision application would be dismissed

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Yes wife by performing second marriage even before you obtained divorce has committed bigamy for which she can be prosecuted u/s 497 IPC.

2. However her bigamy is no reason to end the 498A case and the same would finish on its own merit.

3. Yes do not go for revision as discharge would not be allowed if there is allegations in the complaint.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

is it right to file a bigamy criminal case on her ?

The decision conveying her consent to dissolve the marriage by mutual consent would be sufficient as per Muslim personal law which is almost in line with the talaq pronouncement. Moreover, you hav no relief for divorce in the civil court when you have an option to pronounce talaq which is legally recognised in law till date. Further, since you have already initiated process for divorce, her expression and consent for khula goes to say that she accepts your divorce and the marriage contracted by her subsequent to expressing khula, clearly indicates that her marriage was properly dissolved while she married another person after that again, therefore there is no question of bigamy.

one of the accused in 498a my elder brother and brother in law both are in gulf, so whether the 498a will be delayed because of this ? and how to proceed with 498a case ?

Yes the criminal case will be dragged on due to their non-appearance especially for the initial questioning session wherein the charges are being read out.

divorce case still pending. can i approach High court to quash 498a case?

You can very well proceed with quash petition if you intend to do so.

what will be the next stage in 498a after the discharge application on my elder bro and uncle is rejected ? court has given order as appearance of accused on next date.

The accused have to appear before the court on the next date of hearing or else the court may issue non-bailable warrant on them.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

You cannot help it than challenging the case on merits before the trial court.

Since she has already married someone and living a life of her own, you may withdraw the divorce case and pronounce triple talaq and communicate this decision to her by registered post.

If the court has rejected the discharge petition of those two, what is your concern to produce before the court the evidences of her second marriage or withdrawal of maintenance case on this application.

Their discharge should have been fought on the merits on that issue alone and not with the support of this adverse issues.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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