• Wife filed false cases and married again without divorce

My wife filed false case in (UP), under DV act, CrpC 125 and 498A. All cases are going and she again married without divorce. She is not attending any hearing in any of the cases, but lawyer from her side on every date used to file application in courts saying she is out of station, therefore not available in court. 
Now she is living with second husband and not coming to the court on dates. i and my family used to visit on dates of the court, and court again and again providing next date, no hearing. 

Wife falsely alleged that i had beaten her at her parent home on a date, but i was travelling by Airindia from Delhi to Tirupati on that date, i have boarding pass of IGI airport delhi and it is impossible to reach there by any means. police register her complaint and medical is done where huge injuries are reported by the chief medical officer, then she filed false cases alleging dowry demands and said that she had given 20 lacs dowry in marriage and i am asking more money.

earlier also she filed these cases against me but she withdrawn later and started living with me, then again she filed these cases. Now second husband threatening for consequences if i file case or complaint. 
Please advice what to do.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

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

2) second marriage during subsistence of earlier marriage is illegal

3) also file case under section 500 of IPC against wife for criminal defamation

4) file for quashing of 498A case in HC on basis that on date of incident you were travelling from delhi to Tripati hence injuries reported by wife were cooked up to frame you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. If she has remarried then file a case of bigamy u/s 494 of IPC.

2. Inform the court about her second marriage and if you establish this fact then her case u/s 125 and DV Act will fall.

3. Ask the court to expedite the hearing of the cases due to continued absence.You can also file revision in high court for expeditious trial of the cases.

4. File a csae of threat and criminal intimidation against her second husband.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The evidences in your possession including the air travel tickets, the previous complaint and withdrawal and also her marriage with another person during the subsistence of your marriage with her shall be a strong evidence in your favor.

Your lawyer should insist the court to conduct the trial and her presence before court for trial proceedings.

You can lodge a police complaint agaisnt her new husband on the charges of adultery with our wife.

You can also initiate bigamy proceedings against her and her husband.

Discuss with your lawyer and proceed as per law on this issue too.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1)if marriage was solemnised in gwallior and after marriage you stayed with wife in BHind then divorce case could have been filed in Gwalior or Bhind

2)in DV case make application for discharge

3) there is no pending 498A case as n FIR is registered till date

4) where has the second marriage been solemnised? file complaint where marriage was solemnised by wife

5) section 500 IPC case can be file in court where false DV case is filed

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1)if marriage was solemnised in gwallior and after marriage you stayed with wife in BHind then divorce case could have been filed in Gwalior or Bhind

2)in DV case make application for discharge

3) there is no pending 498A case as n FIR is registered till date

4) where has the second marriage been solemnised? file complaint where marriage was solemnised by wife

5) section 500 IPC case can be filed in court where false DV case is filed

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

As far as Section 497 IPC is concerned you can lodge a complaint in the police station located within her residential jurisdiction and the section 494 you can file in the court where they both are living at present.

You can file divorce petition in the place of marriage or where you both last resided together or where she currently resides.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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