Hi, My sister has been sent out of her matrimonial home by her in-laws and her husband. Her husband had filed the divorse case against her in Dec 2014 and the case is in lower court since last 5 years. so far, we had not thought about DV due to some reasons. Now they are planning for second marriage for her husband. so, we are thinking to put a DV. My question is we hardly have evidences for proving that my sister had been sent out of her matrimonial house and other complaints we have on them. So, will there be any fine or any kind of punishment for my sister if she cannot prove the compliants she is making against her husband and in-laws? Thanks, Kavitha.
your sister would not be sentenced to imprisonment for failing to prove case against husband
2) no fine would be impsoed upon her
3) you cna rely upon testsimony of your sister, family members to prove allegations made
4) rely upon messages exchanged with husband
1) Now don't go for DV case after 5 years, continue with same divorce case which is running in lower court.
2) Make admission of more issues that he is going to marry and should stop that marriage.
3) File RCR case against him so 2nd marriage can be stop and your sister will be entering her matrimonial home.
Dear Client,
No adverse effect but make sure dont submit false affidavit in court.
And till divorce not granted, second marriage is void and criminal offence.
No there won't be any fine if she fails to prove the charges due to deficiency of the evidence. Further see they are not in domestic relationship from last 5 years so DV case won't servive instead that if he remarriages file a bigmsy case and further in divorce.case contest same and demand maintenance and alimony.
Mr. Ganesh Kadam, Could you please explain me more about RCR case? Mr.Sanjay Baniwal, But can a case be filed for the attempt of bigamy? if so, what case is that. I heard bigamy can be files only after the actual occurance of second marriage.
RCR is under section 9 Hindu marriage act it is filed if petitioner want to restitute her/his married life with the deserting partner again the court pass an order of Cohibition.
Sir there is no case for attempt of bigamy as offence becomes punishable only when he marries to the lady.
If domestic violence not proved,Husband can file suit for damages for all harassment and loss of job and reputation as well.
Without divorce husband cannot performed second marraige, In case husband marry someone else, during lifetime of his wife, without divorce, it amounts to bigamy,which is a criminal offence, and you can file complaint against him for bigamy.
1) RCR is restitution of conjugal rights
2) your sister can file petition for RCR
3) it is useless as even if you get decree you cannot force husband to stay with you
4) bigamy case can be filed after second marriage is solemnised
Dear Madam,
My answers are as follows:
My question is we hardly have evidences for proving that my sister had been sent out of her matrimonial house and other complaints we have on them.
Ans: Nothing to bother. Just file a DV case. It is enough such allegations are made in the petition.
So, will there be any fine or any kind of punishment for my sister if she cannot prove the compliants she is making against her husband and in-laws?
Ans: There cannot any punishment because the accused have no such chance except in rarest of rare cases. Allegations and counter allegations are common in family disputes.
Could you please explain me more about RCR case?
Ans: If it is decreed and the spouse not cared to join the other spouse then after one year from the date of such RCR decree a divorce case can be filed and it will be allowed.
But can a case be filed for the attempt of bigamy? if so, what case is that. I heard bigamy can be files only after the actual occurance of second marriage.
Ans: Before attempt of bigamy, your sister can file a civil suit and get an Injunction Order against him and all the concerned on not enter into any engagements for second marriage. Police Complaint can be also be filed to prevent such act.
First of all you have to ascertain whether the case at this belated stage is maintainable or not.
But there's nothing to be worried about even if the case is not proved or is being dismissed for want of proper evidence.
There will be no punishment for this but this may impact adversely on other cases.
A complaint for the bigamy offence can be filed only when it is done by the accused.
Filing RCR is of no use at this stage, hence she has to fight out the present divorce case properly.