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420 case
3 years ago
Hi, ours is a love marriage. We both ran away and married with the help of our family elders. But after few days her parents taken her back. So, i filed habeas corpus in high court. Court ordered to take her 164 Cr.p.c statement. But, today she told in her statement that I kidnapped her, forcefully married and also i am blackmailing her by showing our marriage photos like this she given statement. Ofcourse all are false allegations, we have witnesses of marriage photos and videos can i file a cheating 420 case on her. And our marriage is not registered. And also causing damage to my dignity. Is it advisable?
Tanmoy Chattopadhyay
Responded 3 years ago
A.Usually statement made under 164 is taken to be made with free consent but there is no automatic presumption that under no circumstances those statement can be influenced by other extraneous factors which vitiates the free consent although the magistrate is duty bound to record a statement to the effect that the statement made sans any coercion or other similar factors.
That being the position of law the conduct on the part of the girl will weigh heavily in your favour and will raise considerable doubt in the mind of the court regarding the statement made therein without making any effort to register a case against you for the so alleged offences anytime before.
Even if we for argument sake take the statement at face value the disposal of the writ will in no way effect your right to file another case of restitution of conjugal rights against your wife but since your wife one way or the other has accepted the fact that she will not support your marriage the fate of that case is equally nimble.
Prepare your evidences to safeguard yourself from future criminal liability initiated by your wife at the behest of her parents and also ensure that you be mentally prepared to obtain a decree of divorce because marriage is not a contract of service where your spouse is duty bound to fulfill the commitment and vows.
Finally as far as 420 IPC is concerned I have my own reservation about that too. Defamation is also not possible because those statements are not made in public but given in 164. But you can file a case u/s 417 IPC which I think hold ground in this case. Hope I could be of some help to you. #family #freelegaladviceonfamily
That being the position of law the conduct on the part of the girl will weigh heavily in your favour and will raise considerable doubt in the mind of the court regarding the statement made therein without making any effort to register a case against you for the so alleged offences anytime before.
Even if we for argument sake take the statement at face value the disposal of the writ will in no way effect your right to file another case of restitution of conjugal rights against your wife but since your wife one way or the other has accepted the fact that she will not support your marriage the fate of that case is equally nimble.
Prepare your evidences to safeguard yourself from future criminal liability initiated by your wife at the behest of her parents and also ensure that you be mentally prepared to obtain a decree of divorce because marriage is not a contract of service where your spouse is duty bound to fulfill the commitment and vows.
Finally as far as 420 IPC is concerned I have my own reservation about that too. Defamation is also not possible because those statements are not made in public but given in 164. But you can file a case u/s 417 IPC which I think hold ground in this case. Hope I could be of some help to you. #family #freelegaladviceonfamily
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A.Yes . You can file various cases against her and if they are not agreeing you can go ahead with divorce.
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ADV. ANISH PALKAR (High Court)
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ADV. ANISH PALKAR (High Court)
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Yes, you can file a suit u/s 420 and 499 of the IPC. It is advisable to apply for an anticipatory bail.
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Yes, you can file a suit u/s 420 and 499 of the IPC. It is advisable to apply for an anticipatory bail.
Thank You
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A.Hi,
It is advisable to keep all the pieces of evidence safely so as to prove your innocence in court. You need to apply for getting anticipatory bail for the same. You can file a suit u/s 420 and 499 of the Indian Penal for deception/cheating and defamation.
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It is advisable to keep all the pieces of evidence safely so as to prove your innocence in court. You need to apply for getting anticipatory bail for the same. You can file a suit u/s 420 and 499 of the Indian Penal for deception/cheating and defamation.
Thank You
If you found this helpful, do rate us.
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