498-A & DV

Prakash Nair (Querist) 31 August 2016 This query is : Resolved
In a family case the husband who is also the custodian of children got divorce after 2 ex parts decrees as well in he s favour. The MC by wife was dismissed as well. The wife filed 498-A & DV, and they did not appear for long time to give evidence. In the situation, that the divorce is allowed for husband on cruelty, what is the remedy for husband in the 498-A & DV case (the court allowed divorce stating that wife has committed cruelty-libel). Can the husband file case against the wife(divorced) for libel, cruelty(against 498-A & DV)....?

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Guest (Expert) 31 August 2016
Certainly, you can, if as per your statement the court has made a mention of cruelty & libel in its judgment.

Raj Kumar Makkad (Expert) 31 August 2016
Immediately you would have gone to high court seeking quashing of FIR. Anyway, this can be resorted even now when the wife is not coming forward to depose her evidence.

Rajendra K Goyal (Expert) 01 September 2016
Agree with the expert raj kumar makkad.

cherukuri prasad (Expert) 05 September 2016
Divorce is different right and civil remedy. Offences under IPC or DVC are offences against state and are penal in nature. Both can go simultaneously and operate from different procedure codes namely criminal and civil procedure codes.

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