Wife got married during the pendency of 498-a

Rajinder Kumar Azaad (Querist) 08 April 2021 This query is : Resolved
Husband gets the decree of divorce on the ground of desertion whereas wife filed a complaint under section 498A and during the pendency of the complaint she got married to another............ here 494 complaint can file against the wife or not. what I should suggest to my client

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This discussion clarifies that if a wife remarries after obtaining a divorce decree, even while a 498A complaint is pending, it does not constitute bigamy. Divorce legally dissolves the previous marriage, freeing both parties to remarry. The 498A case pertains to past conduct and should be defended on its merits, independent of the remarriage.

Advocate Bhartesh goyal (Expert) 09 April 2021
After getting divorce both husband and wife are free to remarry . No case of bigamy is made out when wife got remarried after getting decree of divorce.

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Sankaranarayanan (Expert) 09 April 2021
Yes i do agree with learned friend Mr,Bhartesh Goyal answer

ashok kumar singh (Expert) 10 April 2021
agreed with views expressed by earlier experts. its persistent admitted that after DIVORCE the spouse can remarry to their own choice. no case made out in your given query, so far.
thanks

Sudhir Kumar, Advocate (Expert) 10 April 2021
when divorce has taken place she can marry anyone. being 498a complaint is no disqualification of marriage.

Dr J C Vashista (Expert) 11 April 2021
Complaint u/s 498A IPC and divorce are 2 different cases, which are not interconnected and independent of each other.
After divorce she can and should marry another person, it is not bigamy.

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Rajinder Kumar Azaad (Querist) 11 April 2021
Sir if the client's wife got married but the complaint case of 498-A is still pending how can the husband get relief from its case

J K Agrawal (Expert) 11 April 2021
Case of 498 A relates to previous conduct of your client. when he was husband.
you defend it on its merits.
494 no more in operation and declared unconstitutional by the Supreme Court.
It is highly advisable that if you are an advocate instead to have faith on lawyers club ready made knowledge you should lean towards books. This platform is better when you exercised your best but still having doubts.

T. Kalaiselvan, Advocate (Expert) 22 May 2021
If the wife married another person after the dissolution of her subsisting marriage, then it is not illegal or there is no legal infirmity in it.
The pendency of 498a criminal case is not a bar for her decision for remarriage after her divorce.

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