Hi All, I am software Engineer and staying in Pune. I got married in March 2012. My wife is always being cruel with me and whenever somebody come to my house she was not cooking and deliberately quarrels with them and not ready come to my native place and friends house. She always try to avoid ralative and friends. Not allowing my family member stay in Pune whemver they come from my native Nanded. When I enquired about her pchycho behavior I got to know that she has conceled first marriage information for from me. She did not take proper diverce through court but on bond paper. So I sent her her notice on behalf my advocate that you are not legal wife I don't want to stay with you. After that my wife has filed 498A in 2017 in Pune. I have a daughter which was 1 year old. So due to some pressure I compromised after reunion we suppose to withdraw the case, but she did not withdraw the case when we went to court. We were staying together after reunion but always querreling with each other, but in Oct 2020 we got separated again after intense quarrel but still 498A case is pending. In Jan 2021 she went to my native where my brothers and mother was living and after staying around 20 days. One day I went to my native to as her parents had come for discussion. We went into argument and turned into a quarrel and after that my wife and in laws filed FIR claiming 498A again. When I got a o know I asked Police how can they file 498A FIR again as previous 498A is pending, they were saying duration is different and location as well. Is it possible to file two 498A one after another. Please guide me on this and need assistance desperately.
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She can file a case in Pune alleging cruelty there and subsequent to that in Nanded for cruelty committed in Nanded. These are not one case, these are two different cases for offences committed at two places
In both cases the cause of action is different to each other, therefore it cannot be termed as double jeopardy.
Further the offence under the said sections of IPC are continuous offences hence the second FIR by the police is justified.
However you may challenge the same properly.
If she had concealed the fact of her subsisting marriage at the time of marrying you then the marriage solemnised with you is actually null and void.
Well, she can file a 2nd case as she will state that she was being harassed again and again and the previous 498A was for offences committed back then.
Apart from 498A what other sections have been slapped upon you and your family members??
Yes, Here there re two different locations where your wife stayed. One in Pune and other in Nanded.
So, You can start running both cases and then club it one place one court as per your wish.
Plus produce here previous marriage details and not taken divorce so you can file additional defamation case against her family.
File petition for quashing of FIR in HC as second FIR has been filed by wife
2) also file petition for declaration in family court that marriage is nullity as performed during subsistence of earlier marriage
Dear Querist
Immediately file quashing petition before the High Court of your area under article 226 of Constitution of India read with section 482 of Cr.P.C., this FIR is not maintainable based on the logic that when a case under section 498A of IPC is already pending then there is no possibility to demand dowry again by the husband or his family members.
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- Since the marriage was performed after concealing the first marriage , then this marriage can be declared null and void .
- Further, on the same cause of action two cases cannot be filed , specially when FIR under same section is pending before the court , and you can approach the High court for quashing both FIR on this grounds .
- Further , as per Supreme Court , Second FIR and Prosecution on same allegations not tenable in Law
Dear sir,
since the actions by which the wife filed the cases are different, the suits are maintainable. you can try resolving the issues amicably or ask for mediation before the court. Till then, you can start to collect evidence that proves that the wife is wrong and is doing things deliberately and you are not at default. the relatives can become the witnesses to your case. also you can put a plea before the court and club both the cases and seek redress at a location rather than two cases at two different places.
