Second to be wife sent legal notice on 494, 406, 417, 468
I got a legal notice from my second to be wife for 494, 406, 417, 468.
My divorce is pending. We have known to each other and performed a function in UK in Temple to show to girls parents that we are planning for marrige as they were looking to get her married somewhere else. I agreed to this as she was good and I liked her in few months of talk. We first met in UK when I went there for 3 weeks. She insisted me to do that function and I agreed. May be I should not have at that time. After 4 days I came back to India. We talked but I come to know there are many differences and she is very aggressive and gets very angry and always say to commit suicide. I discussed and she'd her to stop but she never did.
She recently came to delhi. Our relationship was very bad and I decided to say her that it will not work. But she refused and fought and involved her parents. And now I got the notice with above section.also mentioned that I should get arrested for these section. What to do now. I am very worried. I am only one in family earning and having loan. What should I do. Please suggest. I would be highly thankful to you.
Asked 2 years ago in Criminal Law from Delhi, Delhi
Beside allegation of bigamy, there are allegations of cheating, breach of trust and forgery which are not explained in your query.
what was the nature of function which was performed abroad.? Was any registration of marriage? or the ceremonies performed as per Hindu Marriage Act ? without details, aforesaid, it is difficult to suggest proper solutions.
who has issued the notice?, If FIR is registered go for an anticipatory bail.
Advocate, New Delhi
First thing this is by my second to be wife not by first wife.
Function was like a ceremony similar to marriage but no phere. Some pics are there. Pandit was there.as well in UK. She was a divorcee and my profile was awaiting divorce. It was clearly told to her and there parents. It was agreed that as she was in UK so she said I am not in hurry. But now she is saying that I have not told that my divorce was pending. This legal issue is.issued from some law office. No marriage registration. No fir logged. It's a notice from advocate. She came.in may I.told.her in June that we should not continue.and since then she awalys call me and my parents that she will.sent us to jail. Can I take anticipatory bail on.advocate notice.
She says that ceremony was full marrige though she knew that was only to show her father and she planned all.that and told me when I was with her in Temple as a.surprise to me. I think with out phere marriage. Is not complete. Taking the point of hiding divorce final thing which actually the first thing I told her she is making all these cheating and forgery allegations on.me. Please suggest.
Asked 2 years ago
Since FIR is registered you have no option but to apply for bail first and then fight the case on merit.
Without knowing the full history of the case it is difficult to advise more .
Your English is also not clear enough to understand you properly.
In my view, you should apply for AB and in case FIR is registered then go for regular bail.
Advocate, New Delhi
You should first get yourself enlarged on anticipatory bail and then attend the police station for inquiry session.
If it is a lawyer's notice then you may issue a reply notice denying all the allegations. Anticipatory bail is not required for this.
From your contents it appears that she is up to a background plan to trap you for money or some other wrongful gain. Let she go to the police also, she may not able able to prove her allegations, hence need not worry about such threats.
When we got a notice from advocate, it is highly necessary to send replay notice by denying all allegations narrated in the notice. So in this moment no need for taking anticipatory bail.
At this stage any preventive action can not be contemplated. Courts are reluctant to grant AB until there is complaint /Fir before the Police As soon as you get to know about the FIR or any summon is received from Police, move for anticipatory bail. Whether the said function amounted to a valid marriage or not would be a question of evidence during the trial.
I advise you to send a reply to the notice you have received, with the help of any lawyer, denying the allegations.
Advocate, New Delhi
1. The function you performed in UK, it seems, gave sufficient ammunition to her to show that you actually married her. The presence of pandit in the function supports her claim and will make it more difficult for you to wriggle yourself out. Resultantly, she is vested with the legal right to launch your prosecution for the same.
2. If you are found guilty you may be sentenced to imprisonment for 7 years.
3. Immediately reply through your lawyer to the legal notice issued to you.
4. Seek anticipatory bail as and when she files the complaint. At this moment you should simply put up the notice to your lawyer for sending an appropriate reply to her.