Dear Sir,

GOOD MORNING

Please read carefully as the following facts are little bit complicate.

A Hindu Girl got married a man. But soon after they started living separately and 2.5 year later they both entered into a divorce deed to put mutual end to their marital bond at home. No court decree was obtained.

After that:-

Within a year she married another person who is a boy (17 old) and the fact of her 1st marriage was concealed by the wife at the time of 2nd marriage. They lived 13 years have two male children. Now she filed a 498A complaint against her second husband. (after withdrawal section-9A by 2nd husband).

In between the dispute, second husband now came to know about the fact of her wife’s earlier (1st) marriage.

· Now the family members of wife start making illegal & social pressure on the 2nd husband.

· Creating false evidence that, “they had not concealed the fact of 1st marriage”.

· Do physical assault& abduction with 2nd husband.

Please consider following points, to have a more light on the case.

His wife’s 1st marriage is still subsisting. It is not dissolved by court. Therefore her 2nd marriage with the said boy is void. Be it so, whether 2nd husband can file case under section 494, 495, 420 etc. against his wife after 16 years of 1st marriage ?

1. At the time of second marriage Lady was 21 years old.

2. Her first marriage was solemnized according to Hindu rituals but not registered.

3. The mutually separation was done on a simple affidavit with the witness of gram panchayat members and both the family members.

4. 2nd husband is trying to collect the evidence of the 1st marriage. But as the event is 16 year old at village. It become very difficult to collect the evidence.

Now considering the above facts, please suggest following.

1. Which kind of marriage evidence is proper for filling the case of 494 ?

2. Is mutually signed affidavit witnessed by members of gram panchyat 16years ago can be considered by Judge as divorce ?

3. His wife family members are saying that they told the truth of 1st marriage to his mother at the time of 2nd marriage. But his mother is No-More ?

4. Marriage Mediator is Resi. near to his in-laws house and in the influence of his in-law. so ready to give statment in court that,“His in-law’s told all the fact’s of 1st marriage to his mother”.

Please provide advice.. the courc of action for 2nd husband after knowing above.

Thanks & Regards

Gaurav