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Inzy (Sales)     04 August 2023

494 personal law

respected experts,

1.marriage happened 15yrs back as per muslim rituals
2.Wife stayed only 6months after marriage
3.wife filed 498A dv and gone for appeal also for 498A and dv but she failed and husband won both cases
4.Filed many false frivoulous by wife including mahila mandali where also case dismissed
5.Husband given the divorce to wife as per muslim personal law in 2011 and a divorse cerficate was also issued
6.wife filed 494 is that maintanable in court of law
pls advice how to go.ahead


Quick Summary
A man divorced his wife under Muslim Personal Law in 2011 after she left him shortly after their marriage 15 years prior. The wife's subsequent attempts to file cases under Section 498A and DV were dismissed. She has now filed a Section 494 IPC case. The query asks if this Section 494 case is maintainable given the long separation and prior divorce.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     05 August 2023

The criminal case filed now at this stage when you people are staying separately for over 14 years, may not be maintainable.

The police will not even entertain the same 

Dr. J C Vashista (Advocate )     05 August 2023

The complaint u/s 494 IPC, if filed under such circumstances,  is not maintainable.

Similar hypothetical query was posted at

https://www.lawyersclubindia.com/forum/marriage-but-no-s-x-from-2-years-219394.asp


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