Husband died in accident while 498a, domestic voilance case runing

somesh kumar (Querist) 28 May 2012 This query is : Resolved
Dear sir,
what will be the status of 498a, domestice voilance case and 125 after husband expired.

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ajay sethi (Expert) 28 May 2012
case abates on death of accused

Shonee Kapoor (Expert) 28 May 2012
The cases against the accused husband would abate. However, if there are other accused in 498a/ DV, the case would keep running against them.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Manoj Choudhary (Expert) 28 May 2012
Agree with replies of all Ld. Friends..

Nadeem Qureshi (Expert) 28 May 2012
Agree with Mr. Shonee

V R SHROFF (Expert) 28 May 2012
Other accused of 498 will continue their trial.

Sec 125, is not effective,

but a widow can ask mtn from her father in law u/s 19 of "HINDU ADOPTION AND MAINTENANCE ACT, 1956
DV provide her residence in shared household, u/s 17 -19, and sec 20 (3) allows monthly payment of maintenance.

Rajeev Kumar (Expert) 28 May 2012
Agree with shonee.

Guest (Expert) 28 May 2012
The case would stand closed against the accused on his death.

SAINATH DEVALLA (Expert) 30 May 2012
No Dhingraji,

The case will continue against the other accused,unless withdrawn by the wife, as it is a criminal case.

Guest (Expert) 30 May 2012
Dear Sainath,

Thanks for your response. But, hope you would like to re-read my post to reinterpret my reply, which is with reference to only against the deceased accused (husband), not with reference to all other accused.

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