Legal Question in Criminal Law in India

My daughter A when she was studying in college in 2007 one of her instructors B married her in Arya Samaj Temple fraudently by saying that he needs marriage certificate and photos thereof for obtaining a visa for going abroad to progress his career as the country he wanted to visit did not give visa to bachelors. My innocent daughter was trapped by him and he got all the affidavits and documents signed by her in the temple besides getting some photographs made. Thereafter he did not go anywhere by saying that he would go when he had enough money for going abroad. My daughter did not stay with him at all as we have all the proofs that she was staying in her college hostel. My daughter after completing her studies returned to our home in early 2009. In 2010, he filed a Habeus Corpus petition in the High Court stating that she was his wife and her parents were not allowing her to stay with him. In his affidavit submitted in high Court he had also mentioned that she had returned her home after completing her studies in September, 2010 which was a total lie as we had all the documents with us that she had returned from her college in early 2009 and thereafter was working one of the prestigious organization. My daughter therefore denied the marriage in the High Court and the High Court allowed her stay with her parents and also warned both the parties not to harass each other. In the meantime, I filed an application under RTI Act, 2005 in the Government organization where B was working to know the marital status of B. The concerned Government organization replied that as per the declaration filed by B at the time ogf his joining in 2009, he had declared himself bachelor and also claimed medical benefits for only himself. We therefore sent a complaint to the High court stating that B had filed a false affidavit before the High Court and as such necessary legal action should be taken against B. A copy of this complaint was also endorsed to the concerned Police Thana. The High Court replied that administratively it was not possible to address our grievances and we should take legal recourse to address our grievances. In the meantime , B filed a case of restitution of conjugal rights in the family court. But as the facts written by him in his petition were almost proving false he withdrew his petition on the first date itself.He also gave a statement before the family court that he was withdrawing his petition without any fear or force. His RCR petition was dismissed by the family court , as withdrawn.Thereafter, he issued an matrimonial advertisement in newspapers for finding a suitable match for him. We have with us a copy each of High Court order in Habeus corpus case, reply of high Court in response to our complaint filed by us in the High Court, a copy of family court 's order and his statement recorded in the family court, a copy of the matrimonial ad he published in newspapers.
After few months of this , we married A with C. C was aware of the court cases filed filed B. Also he had a copy of Arya Samaj Marriage Certificate which B had e-mailed to him to harass us . On the same day when C received the marriage certificate from B , he had forwarded the same to me on my e-mail ID to show it to us. All this happened more than one year before I married my daughter with C. Now after more one year after the marriage C and his parents are harassing my daughter and one day threw her out of their home as their dowry demands were not fully met. We therefore filed a dowry case, divorce and maintenence case against C. Now C has filed a case of bigamy against my daughter and threatning me and my daughter to get arrested ex-parte. My question is whether:
(a) C can file a case of bigamy against my daughter when she has denied her marriage both in High Court and Family Court and that too when it was in his knowledge more than one year before the marriage
(b)When we have in our possession all the above mentioned documents as also e-mail which C had forwarded to me. (Its a proof that the earlier fraudent marriage was in his knowledge)
(C) What should our next course of action to counter his bigamy case.
Thanks and regards

Asked on 3/29/13, 8:49 pm

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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(a) C can file a case of bigamy against my daughter when she has denied her marriage both in High Court and Family Court and that too when it was in his knowledge more than one year before the marriage

(b)When we have in our possession all the above mentioned documents as also e-mail which C had forwarded to me. (Its a proof that the earlier fraudent marriage was in his knowledge)

Who can stop one from filing a case. However, under the given facts and circumstances C cannot succeed, as A has not committed the offence of Bigamy because of C's knowledge of the existence of unfortunate facts of B. I am assuming that you have copy of email B had sent to C and C having forwarded the said email to A's parent(s).

In my personal opinion, A should file a petition for annulment of alleged marriage with B since A's consent was actuated with fraud and force played upon by B. Ofcourse, one has to carefully examine the response of A in counter to Writ of HC filed by B.

A has to file a criminal complaint of defamation against B.

A continue her struggle against C for dowry demand etc..

Answered on 3/30/13, 6:46 pm

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