Legal Question in Criminal Law in India

498/125
1)498 and 125 lodged against me and my family in court. Case is on going, they have not yet been appeared in court for statements.
2) Now we found out that, before marrying me she was already married. Have the previous marriage certificate as well.
3)Thinking about filing the case against them on 494/495/420. However found out abt Crpc198.
4)Now I am in US, if go to India to file 494/495/420 --i may get in trouble with 498a.

Is there a way I can have some one else file complain on my behalf. or any other way I can give them same treatment which they have been giving me for past 3 yrs.

Thanks

Asked on 10/14/08, 11:07 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: 498/125

You should

(a) seek a declaration from civil court that the marriage is void;

(b) approach the High Court of your area for quashing of the complaint filed by her u/ss 498 and 125 on the ground that she is not the legally wedded wife.

However, there is one pitfall. If you have lived with her in the husband-wife relationship, she may claim protection under DVA.

If they are not after you anymore, you should abandon the idea of multiplying litigation by filing complaints etc. You deserve your own peace. The litigation will be avoidable, time consuming and costly.

Answered on 10/14/08, 11:52 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: 498/125

yes, someone else can file the same on your behalf. you may ask ur friend or any relative to file the case on your behalf and for that purpose, u may send a power of attorney duly notarized by notary public. you may also send a vakalatnama to your lawyer duly notarized and the criminal complaint would certainly be filed. this way u may expose the truth.

Answered on 10/16/08, 3:51 am

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