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helpme2010 (jto)     17 March 2010

can wife fill a 498a case even after Ex-parte divorce ??????

can wife fill a 498a case even after Ex-parte divorce ???????????????

 

 



 11 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 March 2010

yes, if she challenge the district court order on the ground that she has not properly noticed.

helpme2010 (jto)     17 March 2010

Originally posted by :Arup Kumar Gupta Korba, Chattishgarh
"
yes, if she challenge the district court order on the ground that she has not properly noticed.

"

 

 

in high court or district court?

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     17 March 2010

In my opinion, after the divorce, she is no more your wife and she cannot maintain any complaint under section 498A, unless the exparte divorce is set aside.

To set aside exparte order, she has to approach the same court.

sunil pagare (lawyer)     17 March 2010

Ramesh sir is right.after divorce she is not youe wife & 498a is maintainable aginst the husband & his relative.


(Guest)

I beg to differ with my friends.

Section 498-A is a criminal offence.  The offence might have been done during the subsistence of the marriage.  Hence, the divorced wife (either by way of ex-parte or fully contested case) can file a complaint under Section 498-A ,if the offence was occured during the period of subsistence of marriage, subject to the complaint has been filed within the limitation period, i.e., 3 years from the date of occurence of the offence.

Kindly correct me if I am wrong.

1 Like

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     17 March 2010

Yes Mr.Prabakar you are right.

I have only stated that after divorce she can not maintain compalint.

But for the past actions, she can.

valentine (Advocate)     17 March 2010

Dear Prabhakar

After divorce also in most of the cases husband has to maintain his wife and children. Thus all relations between the two are not extinguished. They continue so far as maintenance allowance is concerned. However, for any case u/s 498a after divorce requires proper study and analysis of the section and rulings on that section.  It would be wise to go through the definition and provisions of Section 498A read with many other related sections in criminal as well as civil side.

 

Valentine,Advocate

v.usha baby (nill)     27 March 2012

husdand side they can quash the case in high court 

bharat   25 January 2018

Hi Ramesh Sir,

Even I am one of the victim . Well in my case wife has filled false 498a in 2015 and in 2016 she  filed divorce petition as well.

The 498a  is still pending in court , neither we got any notice nor any further proceeding . So during 2016 end I filed divorce and with all normal formalities got the exparte order as well. 

Very recently I got summon from family court on her divorce petition . So here my question is already family court has given divorce order and again they will issue another order based on her divorce petition or the same order will be applicable as I am not seeing their lawyer actively monitoring their divorce petion so after 2 your summon is coming to me.

secondly as the divorce was filed by her 1st and later we got decree on our petition , will this ground be sifficient to file the quashing of 498a at HC .

 

Thanks and pls provide your valuable input 

 

regards

bharat 

 

 

 

Santosh Bhadauria (ASSOCIATE)     15 June 2018

Hi there,

My wife filed 498 A, and fraudlently by showing my wrong address and by serving notice at wrong address obtained expartee degree from family court. Now can I get 498 quashed on this ground.

 

 

bharat   24 January 2019

Hi Ramesh sir - can you pls help

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