Maintenance and GR Case
5 months ago
I filled a maintenance and gr case against my husband for not taking responsibility and he is currently living with other women in another place.He is govt employee of salary having 1.5 lakhs per month.He is not giving us any money for our daily needs and our life's economical situation is very worse.How much time will it take for interim relief and will my husband get punished since the police removed bigamy case from the case due to my husband money.
A.Dear Client,
Based on the merit in the submission of the claimant and the circumstances and supporting evidence, the Court granted interim relief in a case of maintenance filed under Sce.125 Cr.PC. As regards your complaint of bigamy made by you against your husband lodging an FIR in the Police Station which was not registered or refused to register by the Police Station, then you can make a complaint to the SP(Superintendant of Police) or Commissioner of Police or you can file a complaint before the Judicial Magistrate or can send a complaint to the Chairperson, National or State Human Rights Commission to get the FIR lodged at the Police Station. If required, you can hire the service of an Advocate for filing FIR and criminal cases. Under Section 17 of the Hindu Marriage Act, 1955 remarriage of another woman in the absence of an order of divorce annulling the earlier marriage is termed bigamy and treated as illegal and a criminal offense in India. A case of bigamy is punishable under Section 494 of IPC, which is a non-cognizable offense. Therefore, no FIR can be registered at the police station. The main ingredient of bigamy is the existence of a previously contracted marriage. It is necessary to prove that at the time of the second marriage, the person was already married. Both marriages, first as well as second, should be valid marriages to attract the provisions of this section. The Supreme Court in the case of Saravana Porselvi v. A.R. Chandrashekar (2008) 11 SCC 520, made it quite clear that there is no limitation of time period to take action against bigamy. It is imperative that when the second marriage is solemnized, the criminal procedure can be set in motion at any time. Bigamy if committed may be a ground to seek divorce provided all the essentials of bigamy are fulfilled and proved. In order to attract the provisions of Section 494 IPC both the marriages of the accused must be valid in the sense that the necessary ceremonies required by the personal law governing the parties must have been duly performed. To prove the offense of Bigamy, the prosecution must prove that the second marriage was valid, (Ref: S. Nagalingam v. Sivagami, (2001) 7 SCC 487). Further, you are also eligible to claim free legal Aid/services under Sec.12(c) of the Legal Services Authorities Act, 1987 and accordingly, you can make an application before the District Legal Services Authority or State Legal Services Authority seeking free legal service in the matter to contest the case before the Court.
Based on the merit in the submission of the claimant and the circumstances and supporting evidence, the Court granted interim relief in a case of maintenance filed under Sce.125 Cr.PC. As regards your complaint of bigamy made by you against your husband lodging an FIR in the Police Station which was not registered or refused to register by the Police Station, then you can make a complaint to the SP(Superintendant of Police) or Commissioner of Police or you can file a complaint before the Judicial Magistrate or can send a complaint to the Chairperson, National or State Human Rights Commission to get the FIR lodged at the Police Station. If required, you can hire the service of an Advocate for filing FIR and criminal cases. Under Section 17 of the Hindu Marriage Act, 1955 remarriage of another woman in the absence of an order of divorce annulling the earlier marriage is termed bigamy and treated as illegal and a criminal offense in India. A case of bigamy is punishable under Section 494 of IPC, which is a non-cognizable offense. Therefore, no FIR can be registered at the police station. The main ingredient of bigamy is the existence of a previously contracted marriage. It is necessary to prove that at the time of the second marriage, the person was already married. Both marriages, first as well as second, should be valid marriages to attract the provisions of this section. The Supreme Court in the case of Saravana Porselvi v. A.R. Chandrashekar (2008) 11 SCC 520, made it quite clear that there is no limitation of time period to take action against bigamy. It is imperative that when the second marriage is solemnized, the criminal procedure can be set in motion at any time. Bigamy if committed may be a ground to seek divorce provided all the essentials of bigamy are fulfilled and proved. In order to attract the provisions of Section 494 IPC both the marriages of the accused must be valid in the sense that the necessary ceremonies required by the personal law governing the parties must have been duly performed. To prove the offense of Bigamy, the prosecution must prove that the second marriage was valid, (Ref: S. Nagalingam v. Sivagami, (2001) 7 SCC 487). Further, you are also eligible to claim free legal Aid/services under Sec.12(c) of the Legal Services Authorities Act, 1987 and accordingly, you can make an application before the District Legal Services Authority or State Legal Services Authority seeking free legal service in the matter to contest the case before the Court.
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A.Dear Client,
In India, maintenance cases typically fall under the purview of Section 125 of the Code of Criminal Procedure (CrPC). The court may grant interim maintenance while the case is pending. The time it takes for interim relief can vary depending on the specific circumstances and the workload of the court. It's important to gather evidence to support your maintenance case, such as documentation of your husband's income, living arrangements, and any communication regarding financial support. The court must find that there is enough evidence to support the allegations against the husband. If the court finds that there is a prima facie case, it will order the husband to pay interim maintenance and guardianship until the case is finally decided.
In India, maintenance cases typically fall under the purview of Section 125 of the Code of Criminal Procedure (CrPC). The court may grant interim maintenance while the case is pending. The time it takes for interim relief can vary depending on the specific circumstances and the workload of the court. It's important to gather evidence to support your maintenance case, such as documentation of your husband's income, living arrangements, and any communication regarding financial support. The court must find that there is enough evidence to support the allegations against the husband. If the court finds that there is a prima facie case, it will order the husband to pay interim maintenance and guardianship until the case is finally decided.
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