After talaq my ex-wife filed 4981 & false dowrycase
Guest
(Querist) 09 July 2014
This query is : Resolved
1. That after failure of re-conciliation proceedings I gave First talaq to my Ex-Wife on 5-5-2014 ( whose iddat period expred on 27th june 2014 on basis of three mesis periods& on 29th July 2014 according to three lunar months)sent umder registered letter on 6-05-2014 but she did not accept the same & I again sent the same via registered letter but the same was also returned.She went to women cell patiala on 7-05-2014 & women cell patiala
registered a case against me U/s 498A/406 IPC..Thereafter I had published information regarding first talaq in two local Punjabi news papers. Shee was informed about this first on 13/5/2014 during thefirst counseling at women cell Patiala where she denied to accept .that Talq but I handed over a xerox copy to the incharge of Women Cell sitting in front of my former wife..
2. That I and my family applied for AB.& ld. District Judge granted interim bail to us..
3. That I returned all her gift article through WomenThana Patiala.
4. That LD Judge refered my case to Mediation Centre, where my former wife demanded huge money Rs 8 Lacs to
withdraw false F.I.R.and all other cases.
Will you please guide me as per muslim law applicable in Indian Courts,as to whether I should follow compromise or
fight the case in court..Please guide specially whether 498A is applicable to Muslims after giving first Talaq which became
irrevicable after filing FIR.on 18/6/2014.
Raj Kumar Makkad
(Expert) 09 July 2014
If formal Talaq has already taken place, there are no chances to register such case. Make representation to the higher police officials.
ajay sethi
(Expert) 10 July 2014
court will grant you and your family members AB in 498A case .
Rajendra K Goyal
(Expert) 10 July 2014
It seems that only first talaque is sent, do it three talaque as per procedure.
Consult your lawyer and prey for anticipatory bail.
Sudhir Kumar, Advocate
(Expert) 10 July 2014
I am unfortunate. I am not able to agree to any of the senior expert.
The divorce stands complete when Talaq is pronounced thrice.
Divorce only snaps ties for husband and wife for future and it does not in any way absolve criminal liability from any allegation (true/false) that the wife may level regarding Domestic violence/Dowry demand/streedhan etc.
AB is a matter of luck you can try.
Raj Kumar Makkad
(Expert) 10 July 2014
Theoretically there is no reason to be agree with the opinion of expert Sudhir that wife can also file 498A case even after divorce but practical aspects should also not to be ignored.
T. Kalaiselvan, Advocate
(Expert) 10 July 2014
The wife can very well file a case for cruelty and 406 too despite the fact that she has been divorced by her husband as per the muslim personal law. The complaint can be for the offence done prior to divorce or it may be for a recurring offence. The best thing to defend is to obtain AB and as far as the current scenario in the light of supreme court judgment, it will be easy to get AB, get it soon.
Sudhir Kumar, Advocate
(Expert) 11 July 2014
On this forum there had been examples of muslim husband having pronounced triple Talaq and Suffering in 498a case.
Sudhir Kumar, Advocate
(Expert) 11 July 2014
qurist may refer to http://www.lawyersclubindia.com/experts/Ipc-125-6-u-s-465-468-469-471-34-263681.asp#.U7_cVkBvcy4
Guest
(Querist) 01 August 2014
1. That after failure of re-conciliation proceedings I gave First talaq to my Ex-Wife on 5-5-2014 ( whose iddat
period expred on 27th june 2014 on basis of three mesis periods& on 29th July 2014 according to three lunar
months)sent umder registered letter on 6-05-2014 but she did not accept the same & I again sent the same via
registered letter but the same was also returned.She went to women cell patiala on 7-05-2014 & women cell patiala
registered a case against me U/s 498A/406 IPC..Thereafter I had published information regarding first talaq in two local
Punjabi news papers. Shee was informed about this first on 13/5/2014 during thefirst counseling at women cell Patiala
where she denied to accept .that Talq but I handed over a xerox copy to the incharge of Women Cell sitting in front of my
former wife..
2. That I and my family applied for AB.& ld. District Judge granted interim bail to us..
3. That I returned all her gift article through WomenThana Patiala.
4. That LD Judge refered my case to Mediation Centre, where my former wife demanded huge money Rs 8 Lacs to
withdraw false F.I.R.and all other cases.
Will you please guide me as per muslim law applicable in Indian Courts,as to whether I should follow compromise or
fight the case in court..Please guide specially whether 498A is applicable to Muslims after giving first Talaq which became
irrevicable after filing FIR.on 18/6/2014.
Sudhir Kumar, Advocate
(Expert) 01 August 2014
498a (all criminal laws) apply to all religions (including foreigner on Indian soil)
Raj Kumar Makkad
(Expert) 01 August 2014
There is no preferential right of a Muslim to defy criminal judicial system of India.
Guest
(Querist) 11 August 2014
Sir,
My question is whether after talaq wife can file 498a abd 406 IPC.
