Legal Question in Criminal Law in India

Dear Rajiv Gupta Sir
My Husband and the lady tried to killl me by their car in front of all the villagers on 27th November'2010 and the below FIR has been registered on 29th December'2010 that is one month later the incident. the below FIR has been registered under section 494/498A/506 . Just wanted to know if 498A is not applying to my case is there any section through which my husband can be punished as his act is really a devils act and all the villagers know about it. Now the FIR has been registered is there any possibility that the section can be modified directly by the megistrate as the police man were not so much aware of this and they put the section 494/498A/506 as per their knowledge.
Wheather the law will accept any section as per its applicability in my case (if 498A doesnot apply to my case) and my husband will be punished. These days i am at my husband's native place with my inlaws and relatives since the last 1 and half years . I have Filed cas under Womens Voilance Act also and I have got the order to Stay in my husbands house at his native place by virtue of this case. My husband has appeared in this case saying he has no link with me .
Sorry i am putting my question again so that you can take the below reference again which pertains to me.
I have registered FIR Under Section494/498A against my husband 2010 . We got married in 1975 and after that without my knowledge my husband has kept one lady with him at the same time in 1975 .
Due to some unavoidable circumstances (as my own father died in 1980 and there were small brothers and sisters and there was no one to feed them ) i have to reside at my own fathers residence (Separte from in laws and husband home) for the last 35 years a(nd i have done teaching work in a private school there at my fathers place and i am on without pay leave since the last 1 and half years and my husband has taken got the letter th RTI from that school now) but every year during the period of this 35 years i use to visit my inlaws house and also use to meet my husband and he (my husband) was in contact with me for 15 years till 1990 th letters and others means.
Post 1990 he started neglecting me and started torching me every year i tried to live with him he just denied and forced me to leave his house . He was staying separtely with his parents since beginning (my in laws) he refused to keep me with him . we have a son (1978 born) and the other woman has two sons from him. During this 35 years he has given me maxium mental torture every time i visited his home he refused to keep me. he has never given me a status of his married wife. On papers everywhere in his servie he has shown that lady as his real wife but i have all the photos and marriage evidences and other documents showing that i am his wife.
I tried my level best to continue this relationship as his wife but atlast in 2010 i have to file FIR under Section 494/498A against my husband.I wanted justice to be done as i am his legally married wife.
Please Suggest will 498A Section will apply and he will be have to face the legal action or not as i have filed the FIR After near about 35 years of my marriage.

Asked on 1/03/12, 9:08 pm

3 Answers from Attorneys

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

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as i elaborated in my earlier replies, the limitation to file a complaint u/s 498a is three years from the last act of cruelty committed by husband/inlaws. in your case, as you are staying separately since 2010, the limitation would run from the day when you were subjected to cruelty by your husband. have you mentioned the incident falling within 3 years, in your complaint to women cell?

Answered on 1/03/12, 11:42 pm

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