498 a

Advocate Abhijeet singh (Querist) 31 August 2011 This query is : Resolved
respected sir
tell me if a couple has been lived seprately seprate means wife at her mother home since last 3 years . if husband suit / filed divorce case then is wife can file 498a or not

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Devajyoti Barman (Expert) 31 August 2011
Yes , she can file.

ajay sethi (Expert) 31 August 2011
i agree she can file 498A after you file for divorce but it has to be proved beyond reasonable dobt.
In Kanaraj vs. State of Punjab,2000 CriLJ 2993 the apex court observed as:
“for the fault of the husband the in-laws or other relatives cannot in all cases be held to be involved. The acts attributed to such persons have to be proved beyond reasonable doubt and they cannot be held responsible by mere conjectures and implications. The tendency to rope in relatives of the husband as accused has to be curbed”

M/s. Y-not legal services (Expert) 31 August 2011
Yes.. Am also agree with mr.ajay sir. There is no bar..

Raj Kumar Makkad (Expert) 31 August 2011
Query is whether she can file or not?

My reply is : there is no legal hurdle to file criminal case under section 498A/406 IPC by wife even after residing more than 3 years in her parental home.