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Rajesh Kumar (junior)     05 August 2013

Can a women file 498a after mitual concern divorce ??

Respected Experts,

If wife and husband get a mutual concern divorce and the judgment is passed.

After that with the influence of her family she blackmail for more money in the name of 498a and DV.

Is ex-wife is allowed to file 498a or DV or any other cases after mutual concern divorce?? 

Reference to any judgments or laws will be very helpful.

 

Thanks in advance,

Rajesh

 

  



Learning

 12 Replies


(Guest)

No it can't be filed after divorce as you are not a legal husband of your ex wife  and even not having a domestic relationship with her anymore.So,no chances of 498a nor any DV.It's always better to quash 498a before divorce and tell her to withdraw DV case before all settlements.Once all the settlements of money and cases been finalized and agreed by both of you in the MOU of mutual divorce then no claim further.

Rajesh Kumar (junior)     05 August 2013

But we didn’t mentioned anything about the cases in mutual consent divorce, we just said we don’t have any money claims.

 

Is it still valid ?


(Guest)

Your first motion of MCD has been set up or you are planning to do so?

Do you had any cases against you by her?

 

Rajesh Kumar (junior)     05 August 2013

Judgment in the Divorce is passed, no cases before that. No cases now also, but they are blackmailing now 


(Guest)

No need to worry then......

 

It seems your ex wife and in laws have no works to do now as the last engagement also been taken away by you that was divorce.So,their empty mind had become devils shop.

Just record their versions of blackmailing and threats and lodge a complaint against them.Now you no need to worry.The worst has been over now.Just enjoy your life....

NGOKC (pm)     05 August 2013

It will be difficult for her to file a 498 A or DV post divorce. It will only be a rare case

Actually only a fine reading of your papers can determine whether 498A or DV is vaalid.

 

In theory it is a continuing offense , hence valid , but with divorce via MCD it will be hard for her to prove anything or get any leniency from Judgge

Rajesh Kumar (junior)     05 August 2013

@NGOKC:  fine reading of the papers ? what papers ? Divorce judgment ? it just says divorce is awarded on parties request, as we didn’t had any issues against each other or we didn’t had any claims from each other.

 continuing offense ? we are not living together or even met outside after MCD.

 

Sorry If i am asking the basic questions, I am not a layer, and it really important for me to understand the things very clearly

shriks........... (healyhcare)     05 August 2013

1. the answer to your question is yes...... 
2. she can file DV....,498 will be difficult to register by police and arrest you.....
3. ther  MCD papers will defend all her cases and allegations.......
4. her case wont stand.....she might be fined as one case in bombay high court imposed 10k fine for false cases....
5. they can byt they wont as they would be in deep trouble later so just chill man.....RELAX

Rajesh Kumar (junior)     05 August 2013

Thanks to everyone, Can other seniours put more light or agree comments ... Here u can find some people ... who never went to police station or court for any reason ... Your extra post and agreeing with others .. will just boost our confidence.. sorry to lot of volunteers here .. its not to disrespect u . I respect ur work a lot not only in this forum but others . but for a new guy .. if its just acknowledged by a senior . Or agreed by lot of members GIVES A LOT of boost in confidence ... but here, once the question is answered .. no one says any thing about it ... which leaves new guys in a biased state .. should I fight my case based on one guy comments? @ Admin: I know this comment is irrelevant here can u please move ... so that everyone in this blog knows about it ...

NGOKC (pm)     05 August 2013

Hi Rajesh ,

This statement is what will save you

"it just says divorce is awarded on parties request, as we didn’t had any issues against each other or we didn’t had any claims from each other."

If she did not have any issues then , she cannot rake them now , she can file a complaint , you can go for a quash in CAW cell itself by showing that there is a legal affidavit regarding no issue  for entire duration of marriage ."

 

Any incident post marriage anyways does not draw any 498 or DV

 

Make recordings of what they say and u may be able file a police complait for threat and blackmail


(Guest)

 

Originally posted by : Rajesh Kumar
Thanks to everyone,

Can other seniours put more light or agree comments ...

Here u can find some people ... who never went to police station or court for any reason ...

Your extra post and agreeing with others .. will just boost our confidence..

sorry to lot of volunteers here .. its not to disrespect u . I respect ur work a lot not only in this forum but others . but for a new guy .. if its just acknowledged by a senior . Or agreed by lot of members GIVES A LOT of boost in confidence ... but here, once the question is answered .. no one says any thing about it ... which leaves new guys in a biased state .. should I fight my case based on one guy comments?

@ Admin: I know this comment is irrelevant here can u please move ... so that everyone in this blog knows about it ...


Take certified copies of divorce decree in multiple, keep it handy. Though she can go to PS and try to file a case against you, show such divorce decree. Nothing will happen. After divorce, no 498a blah blah blah.

Gopal Agrawal (Manager-Legal Compliances & Audit Cell)     06 August 2013

settle mutually


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