In your pending cases under section 498A, you can get incorporated section 406 IPC if relevant averments and allegations are there in said pending case under section 498A at Bangalore. You can also get transferred your said case at court near your present address. In present case under section 494 IPC is against husband so other given sections like 420, 120B, 406 IPC cannot be get added in proceeding under section 494 IPC. If you do not have independent sufficient income then you can also file maintenance, separate residence etc.
Sections that can be filed along with IPC 494
I'm currently residing in Dehradun, Uttarakhand. My husband has got remarried without giving me divorce. I have got his second marriage pictures that I'll be filing as evidence in the IPC 494 complaint before the court in Dehradun. Please note that another case u/s 498A, DP (3&4) is ongoing in Bangalore which was filed when I was residing with my parents there. It's currently in witness cross-examination stage. I have also got the evidences now which prove that my husband & his family had given false info about his whereabouts during marriage talks. Also, all my belongings & streedhan are still present in my in-laws house in UP. On this basis, can I add sections like 420, 120B & 406 in my fresh 494 complaint in Dehradun? will it be allowed? Local advocate here says that we can file only 494 complaint and cannot include any other sections in it. He also says that it's because we have already filed a complaint in Bangalore and case is ongoing for it. But the point is police didnt add any of these sections in the chargesheet. I really want to bring these sections in my case because this was the entire root cause and now we have the evidences for it too.
Asked 1 year ago in Family Law
Religion: Hindu
13 Answers
You can add sections 406, 420 ,120 B to your complaint under section 494 of IPC
complaint filed under section 498 A is for dowry harassment only .
If you want the other sections to be included in the fresh complaint, you may lodge a fresh complaint with police for all these offences
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If you have evidence that your husband and his family provided false information during marriage talks and that your belongings and streedhan are still in their possession, you may consider adding relevant sections like 420 (cheating and dishonestly inducing delivery of property), 120B (criminal conspiracy), and 406 (criminal breach of trust) to your complaint. These sections may be applicable based on the evidence you possess. If you lack sufficient income, you can file for maintenance and seek separate residence, among other possible remedies.
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Jurisdiction: Since you are currently residing in Dehradun, it is appropriate to file the complaint there. However, keep in mind that the ongoing case in Bangalore under IPC section 498A is related to cruelty by your husband and in-laws. The jurisdiction for this case may be different from the jurisdiction of the fresh complaint in Dehradun.
- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.
- Further, under section 494 of IPC , if a person marries for the second time during the lifetime of the first wife or husband without getting a divorce, the marriage is void , and he can be imprisonment for a term of seven years' jail and a fine.
- Hence, if you having proof of his second marriage , then you can lodge an FIR against him for the said offence.
- Further, as your stridhan is lying with him , then you can add section 406 with 498A, but 420 /120B not applied in this case.
- Further, if the charge sheet has been filed by the police , then also you can mention before the court for adding 406 at the time of framing of charge.
Dear Client,
In a pending case under Section 498A at Bangalore, if there are relevant allegations and averments, Section 406 of the Indian Penal Code (IPC) can be incorporated. It is also possible to request the transfer of the case to a court near your present address.
However, in the present case under Section 494 IPC, which pertains to the offense of bigamy or marriage during the lifetime of a spouse, other sections such as 420, 120B, and 406 IPC cannot be added to the proceedings under Section 494 IPC, as these sections are not directly related to bigamy.
If you do not have sufficient independent income, you have the option to file for maintenance, separate residence, or other relevant claims based on your specific circumstances.
You can file protest petition and add the same or during framing of charge argue on the said point
Local advocate says that since the complaint for having "420, 120B & 406" sections in 494IPC complaint would be same (in terms of facts) as that we had filed in the police station in 498A case, these sections can't be added in the new complaint for 494 IPC. Is it true? Moreover, he says that since the chargesheet has already been filed by police in Bangalore only under IPC498a and framing of charge etc is already done, we can't add the same facts (or sections) for having 120B, 420, 406 in the new complaint under 494 IPC in Dehradun. Note that 498A case is in witness cross-examination stage. Please advise.
Asked 1 year ago
In pending FIR the given section cannot be added but at the time of framing of charge if court finds evidence and reason to believe then trial court has power to add charges under given sections. In your case since case is at evidence stage hence the stage of charge has gone so given sections cannot be added. Other remedies can be explored on examining facts in detail.
Act as per your lawyer advice
The complaint against him under section 494 cannot be added to complaint where the charge sheet has already been filed before court.
You may file a private criminal complaint under section 494 IPC before the judicial magistrate court of your jurisdiction.
You can add the same through Protest petition
- Since, the matter is at the stage of cross examination , then these sections cannot be added therein , and hence you have to file a separate private complaint before the magistrate under section 200 crpc read with section 156(3) of crpc
The option to include the complaint under section 494 in a charge sheet already filed before the court is not permissible. However, you have the right to independently file a private criminal complaint directly under section 494 of the Indian Penal Code before the Judicial Magistrate Court within your jurisdiction.