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Reeva Gupta   04 February 2023

Can 498a case run in parallel for ex husband and current husband

Hi,

My friend was married in 2010 and she went throufh lots of abuse for 2 months and she got separated. She thereafter filed 498a case against the parents and her ex husband. The case is still pending as her ex husband fled the country. She later applied for ex parte and moved on. She now got married to another person in 2020 and went through similar abuse and have so many proofs of her abuse. Can she filed 498a case in this one whilst her other 498a case is still pending?



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 5 Replies

Sudhir Kumar, Advocate (Advocate)     04 February 2023

answer  is simple.

 

If your pocket has been picked in a bus.  You gave a police cmplaint.

 

therafter you boarded another bus and again pocket is pciked.  Can'nt you report again.

 

There is o law which prohibits a victim to keep on complaining if same crime is committed agianst him/her (again andagain) even by same/different set of persons.

 

Reeva Gupta   04 February 2023

Thanks,sir.

We approached a few advocates and they said filing 498a case against second husband might go against my friend as it would be seen as her trying to misuse the law or harass the parties. But in her case, she has gone through abuse and she has evidences such as audio recordings,  messages, pictures, medical record.

anubhav Bhatt   04 February 2023

Dear Client both are different cause of action and also against first and second seperately so she can file 498 A case against second husband there is no dispute at all so she can freely lodged case against them for more clarification you may contact us then I'll explain properly about your case.
ADV ANURAG BHATT
ALLAHABAD HIGH COURT
MOBILE 📱 9198889990.

Sudhir Kumar, Advocate (Advocate)     04 February 2023

law does not bar fresh case from you if the same offence is repeated by other persons against you.

Kings   03 March 2023

Dear sister,

Please collect all proof and then file 498a on your 3rd husband to save legal fees. 


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