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satya (Manager)     07 August 2015


Dear Experts,

                  My deserted/separated wife registered a FIR under section 498a and 406 on 08/04/2013 telling the incident before 08/04/2010. My wife have no matrimonial relation with me from Aug 2005 but Family court confirmed the desertion from 08/04/2010 and on the basis of desertion and cruelties granted divorce on 05/11/2014. Section 498a say that this case may be against husband or relatives of husband and that compliance need to check at the time of cognizance. 

             I need some case law whether a separated/deserted wife may register the case under section 498a.

            The compliance with respect to CRPC like 498a, 468, 197 etc requires at the time of cognizance or not? 



 1 Replies

saravanan s (legal advisor)     07 August 2015

498a can be filed by a women even after divorce and there is no time limit for filing the case.but the delay in filing the case and the grounds on which you have got divorce would act in your have to argue that its been filed on you just to harass you.if you can prove that she had deserted you right from 2005 that will also act to your advantage.dont worry her case wont sustain.fight the case on merits.

as far as 406 is concerned if you have proofs for returning her sreedhan articles use them

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