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(Guest)

Can wife files dowry harassment case on husband post divorce

Hi All,

Couple got divorce by mutual consent 2 yrs back and their marriage is null and void as per the decree. Now the same wife file has sent legal notice on dowry harassment case. Now how can she send notice that too after > 2 yrs. 

As per supreme court "Wife can’t pursue dowry case after divorce: SC". Kindly advise me. 



Learning

 10 Replies

Vijay Raj Mahajan (Advocate)     28 June 2018

Limitation period for the court to take cognizance for section 498a IPC complaint case is 3 years from the date offence committed. You say divorce happened 2 years back and that too by mutual consent, it means the parties were living separately for one year when divorce by mutual consent petition filled, and after 6 months it got decided. In total 3 and 1/2 years passed so the limitation for court to take cognizance is over.

TGK REDDI   28 June 2018

The Questioner `didn't give details.    Can we so certainly presume that they lived separately for one year?       We can't be for sure that the period of limitation is over.

Let's presume it's over.

But the delay can as well be condoned.

The Questioner had better concentrate on how to defend the offence.

My answer may be wrong.     I'm not a lawyer.       My answer, if wrong, may be criticised.      I'll improve my knowledge.      But I beg the Hon'ble members not to hate me, not to drive me back, not to look down upon me and no to use harsh words.    Enlighten me politely. 

GOPALAKRISHNA   30 June 2018

Mr. VIJAY Raj Mahajan is right...

TGK REDDI   30 June 2018

Shri Gopalakrishna

Dear Sir

If Shri Vijay Raj Mahajan is right, I must be wrong.     Would you kindly elaborate?

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     04 July 2018

Anyone can file any case against any one and initiate legal proceedings.  But the question is whether they sustain?  In the given facts of your case, the case cannot withstand.  You reply to her legal notice that just with an intention of harassing you and extract some amount illegally, a legal notice was sent to you and you would contest the case, if any she files, at her cost and consequences.

TGK REDDI   04 July 2018

Shri Samarpan

 

Dear Sir

 

Kindly elaborate what the facts are and how they affect a suit.

sai narayana   05 July 2018

The query itself is confusing because how can a decree of null and void comes in a MCD??

Leaving that it as maybe, if closure of cases and not to file any new cases as one of the terms of the signed MOU of the MCD, the high court may or may not quash, depends on judge, so as a precaution gather one suitable SC citation before approaching HC with quash petition.

TGK REDDI   05 July 2018

Yes.       Shri Sai Narayana is quite right.

 

Whether it's mutual consent divorce or null and void decree, dowry harassment case is maintainable.      The Questioner shouldn't expect too much from limitation.     He'd better concentrate how to conter his ex-wife.

Jaspal singh (practicing lawyer)     11 November 2018

Dear Quriest, D.v can be file at any stage there is no bar of limitation however there is bar of limitation in 498A/406.

Regards

Jaspal Singh (Adv)

9999987283

Mahendra   31 May 2019

If yes, then by what time it will be acceptable? 


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