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stolenheart (teacher)     12 September 2015

Can section 498a be applied after divorce


My daughter's marraiage was declared null and void. Till these proceedings were going on I had not filed any proceedings u/s 498a. But now slowly and slowly my daughter is informing me of the atrocities commited on her. Can I now lodge a complaint u/s 498a and domestic violence and cruelity. There is also a possibility that the ex-husband may challenge the verdict of nullity



 8 Replies

saravanan s (legal advisor)     12 September 2015

let me tell you onething my dear friend.its good that the marriage has been declared null and void.by this verdict your daughter is considered to be single just like she was before marriage.in other words she is not considered a divorcee in the eyes of law and the marriage is considered to be a never happened one.

so better leave the idea of filing 498a and go for another marriage 

stolenheart (teacher)     12 September 2015

Dear Sir

Thanks for your reply. You are right that she is not a divorcee. However, the decision of nullity was ex-party and as is usual for legal system in India, people enjoy to see other people suffering and for that they try to take advantage of loopholes in the legal system. 

We had also preferred to go for nullity and not involve ourselves in those legal cases which, though were  true, would not have given us the freedom of our daughter from the clutches of that defunct marriage.

However, with the fear of re-opening of that case and again that lenghty process of legal system makes us shudder and we don't find ourselves in that situation wherein we can find a suitable boy for her. And hence we now think, is it possible to get him the punishment which he deserved long back.

Thanks. I will wait for your reply and reply from other senior legal experts.  

2BHelpfull (Other)     13 September 2015

u can file the case but case will b weak and may be dissmissed at admission stage or at first hearing ,as case is file as an afterthought .

1 Like

advocatepassy@gmail.com 971794 (Advocate)     15 September 2015

Sorry, the answer is no.

I walk alone (Asst Manager)     18 September 2015


Already you & your daughter are out of the mess. So whats the point of dragging this issue. Rather put your valuable mind & effort to settle your daughter (if she is willing to)


Dearstolen heart as rightly pointed by experts dont waste your money time and eenrgy.Your daughter has got justice through divorce decree. After all she must have won on these gorunds.

It is time to rehabilitate her and settle her again. Redcue her post disaster stress and trauma.

Please note in our funny and weak Indian judcial system complainant is made to feel he/she is actually accused.For a coup of yearshe will feel she has done crime with all people around insensitive to her.

File alimony suit  instead

Mukesh sharma (job )     09 December 2015

i agree with expert coz you say your daughter now not in marrigae relation marriage now null so no mean to case file 498a  this case file when your daughter live marriage life so  sorry

stolenheart (teacher)     31 December 2015

Hello to every one I am thankful to all for guiding me. I had thought that things will be smooth now. But it was a short time breather for me. As I had stated earlier, it was an ex-parte judgment and the boy has given the application for restoration.Chances are that it may be restored, as the courts are usually lenient on this account. I don't know what to do. This process may involve a long term legal entanglement, whci may drag for years. I have not yet been able to get my daughter married. The boy side is offering me only one option. to agree for mutual divorce. Thinking of that prolong legal entanglement, I may agree for that, but is it possible now? and How? Once the decree of nullity has been obtained, how can one go for mutual divorce? I have tried to search for any such precedence in court of law but have not been able to find any ruling. Is there any way out? Thanks in advance to every one who can devote some time to this dilemma of mine.

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