Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Divorce obtained, 498a is pending in hc - remarriage

Sir, my friend has got divorce decree obtained from his wife, but 498a case is pending HC for long time. after 90 days, can he remarry for the purpose of not reopening the divorce case through RCR?



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 9 Replies

Vijay Raj Mahajan (Advocate)     19 February 2016

If after 90 days, no appeal againt the divorce pending in the Higher court (High Court) the person is free to legally remarry even if there are other criminal proceedings pending against him.

1 Like

Arvind Singh Chauhan (advocate)     19 February 2016

Yes he can marry after 90 days. Then he should approach to HC to quash the proceeding of 498.


(Guest)

thank you sir

Dr J C Vashista (Advocate)     20 February 2016

@testingtimes,

How you are concerned with the divorce of your friend? Whether your friend has got decree of divorce by mutual consent, contested or ex-parte?

If it was mutual consent divorce there is no need to wait even for 24 hours;

otherwise when 90 days are over in contested decree of divorce, he can re-marry;

God bless for ex-parte.

Best wishes 

1 Like

(Guest)

thank you sir.

this was contested in his case.

B.N.Raja Mohamed (ADVOCATE)     20 February 2016

Sir,

Once a decree of divorce is granted and not appealed against the decree beyond the period of limitation a divorcee can remarry.Pendency of criminal proceedings will not be an impediment for the same.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 February 2016

498a is a independent case.the divorce decree wont have any bearing on it.So don't worry and fight 498a on merits.But U have not mentioned what kind of divorce was granted.Can marry once the limitation period is over.

Dr J C Vashista (Advocate)     21 February 2016

I agree with the expert advise of Mr. Sainath Devalla, a case u/s 498A IPC is independent from divorce.

However, after passing of a decree of divorce you can move to High Court for quashing of FIR through your lawyer.

1 Like

bharat   20 January 2019

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 .

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