Can a woman file a criminal case under Section 376 if marriage nullified under Section 11 of HMA?
2 years ago
After null marriage under sec11, a wife can filled case 376 at his husband, if he knows that she had not taken divorce with her first one
A.Hi,
There seems to be no nexus of S.376. You can file for cheating u/S 415 IPC and cite adultery if you want to follow through with the divorce. However there would be no such case of s.376 except for on a false basis.
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There seems to be no nexus of S.376. You can file for cheating u/S 415 IPC and cite adultery if you want to follow through with the divorce. However there would be no such case of s.376 except for on a false basis.
If you find my answer helpful then kindly rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
False allegations can cause a great deal of damage to the credibility of the party in the society and also before the law enforcement agencies. It can also attract heavy penalties. Therefore it is advisable to not to do so.
If you find my answer helpful then kindly rate me.
False allegations can cause a great deal of damage to the credibility of the party in the society and also before the law enforcement agencies. It can also attract heavy penalties. Therefore it is advisable to not to do so.
If you find my answer helpful then kindly rate me.
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A.Here it was the woman who had not taken the divorce from her first marriage and probably hidden the fact so it seems she was at fault. so she should not file a case. And as far as filing a case is considered anyone can file case (even a false case) now the fact of the matter is how whether that case will stand in the court of law or not is a big question.
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