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kirankumar (Part time Employee/ student of BL)     05 December 2009

Need Information

Hi Friends,

Divorce filed by the Husband under cruelty after 2 cases registered against husband and in-laws (DV and 498A).

The Divorce was granted as the wife accepted for taking divorce. No maintenance nothing.

Is there any Judgments states that after Divorce no need to proceed with rest of the cases (DV and 498A).

 



Learning

 4 Replies

kirankumar (Part time Employee/ student of BL)     05 December 2009

In DV case wife asked for Dowry Paid Amount, But no dowry was taken.

Sandeep Kulshrestha (Advocate)     05 December 2009

 

 

She should file an application under section 6 of dowry prohibition act. Issue of dowry given is matter of fact which will be considered by trial court on the basis of evidence.

Jatin Sapra 9312223345,Delhi (Advocate)     05 December 2009

Hello,

Divorce proceedings has nothing to do with the either criminal proceedins or quasi criminal proceedings.You can take utilise those facts at the stage of trial i both of the casesbut nothing is stopping her from getting maintenance.

Hardik Mehta (Family Counsellor)     08 December 2009

If the divorce is accepted without any alimony, then this is settlement. You should go to the High Court and get both the cases quashed. The DV case will immediately get quashed, but for quashing 498a case, your wife may have to come to the court. File the quashing in the High Court and this will end the matter.

Speak to your ex-wife for the possible quashing of the cases.


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