Legal Question in Criminal Law in India

Dear Sir

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 1/02/12, 11:42 pm

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

498A relates to dowry cruelty and it is not applicable to your facts of the case.

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Answered on 1/03/12, 2:04 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may lodge a complaint within 3 years from the last act of cruelty.

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Answered on 1/03/12, 7:45 am
Shrichand Nahar S.V.Nahar, Advocate

Unexplained delay may prove fatal to any criminal case.

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Answered on 5/25/12, 12:31 am


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