Legal Question in Criminal Law in India

Re: 498a - query

Yes but i doubt how much it can be sucessful.

Re: 498a - query

498a being a criminal offence, can even be filed after divorce unless the divorce was taken by mutual consent and it was mentioned that no case would be filed thereafter.

Re: 498a - query

Law is reproduced here:---

498A. Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation-For the purpose of this section, "cruelty" means-

(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]

Action against crulety after ceasation of the relationship of husband and wife is not available under 498-A of IPC. There must be relationship of husnabd and wife to take the benefit under the section.

Re: 498a - query

No, such a complaint may not be maintainable. A "divorced" wife is technically a "wife" ONLY for the purposes of maintenance that too till she remarries. To invoke 498-A the husband-wife relationship should subsist.

You may not have provided complete facts in your statement.

The situation may be different if the husband had taken 'ex parte' divorce and the wife had filed application for setting aside of ex parte divorce; or if an appeal against the divorce decree is pending.

Re: 498a - query

She can file. But it depends on other

circumustances. limitation, nature of divorce, nature/type of harrashment.etc.,

Re: 498a - query

Yes.