Wht happens in a situation when wife obtains exparty divorce becoz her husband left her and then she remarries with someone else meanwhile Crpc 125 & 498 (a) both are pending in court wht will be the status of pending 498 (a) and pending Crpc 125 after wife remarries ?
Adv. Chandrasekhar (Advocate) 01 July 2012
Section 125 becomes infructuous and Section 498-A stands as usual till it reaches its logical conclusion.
Okay thank u for the reply sir although i am very confused with ur saying on 498 (a) does the complainant has to come to the court during hearing in this case wife has already remarried and she is not even bother to look back and come to attend counrt proceedings in this scenaior husband 1 does not want to interefere her life but want to get rid off 498 (a) how does husband quash such case ? Is there going be any harassment even if wife got remarried and she is not willing to pursue any further in court or police station ?
Adv. Chandrasekhar (Advocate) 01 July 2012
In section 498 A, if charge sheet is filed, move an application before the magistrate to direct the prosecution to produce wife as witness in the first instance and if she does not turn up, then the magistrate will acquit you without bothering about other witnesses as the material prosecution witness has failed to prove the version of prosecution.
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