Legal Question in Criminal Law in India
Sir,
Wife committed Bigamy, obtained divorce after marrying me. Thereafter I have taken legal recourse and my marraige with the woman is declared Null and void.
After null and void, the woman files case under DV Act alleging economic abuse, etc and seeks maintenance for self and child and compensation of Rs.5.00 lacs for mental agony. Trial court without giving opportunity to the respondent, first orders interim maintenance of Rs.3000/- p.m and later orders maintenance of Rs.8000/- p.m. The woman goes on appeal to sessions court for higher maintenance and compensation. I being the aggeieved person also appeals to session court to set aside the impugned order of the trial court. Both the appeals are clubbed and last week Sessions court has given the judgement in the case. It has set aside the impugned order of the trial court and directed the trial court to restore the original complaint to the stage of cross examination of pw1 and pw2 and dispose off the accordance with law within one month keeping in force the interim maintenance order of Rs.3000/- p.m of 2006.
Now my query is - 1. Whether the above judgement is in my favour ?
2. The judge is biased in restoring interim maintenance order dt.17.2.07.
3. what further course of action can the complainant take.
4. what are the options available to me to get the false DV complaint closed once and for all without going through the lower court proceedings and to get custody of the child. I am prepared to take custody of the child of 6 yrs age and not willing to pay any maintenance to the cheat lady who has committed bigamy and spoilt my life and is only after money and property. I am willing to take care of the child. If I appeal to the High court, what should be the grounds and prayer I have to ask. Pl. advise in detail.
Rajashekar.
email: [email protected]
1 Answer from Attorneys
You may better engage a lawyer to pursue your remedy in the High Court. We may not be able to help you with drafting of your appeal as it requires a perusal of all concerned documents - the entire court file including trial court and the Sessions Court.
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