Legal Question in Criminal Law in India
Husband has got ex party divorce and wife files 498a case after 3years of separation on him and his family members.will d court accept the ex party divorce and dismiss her application?husbands family has already disowned him still they have to go through the court process of 498a?
Asked on 3/17/12, 9:10 am
2 Answers from Attorneys
The divorce become final on expiration of period of appeal. Court will accept the decree unless the wife challenge the decree. In my opinion, the case can not be proceeded.
Answered on 3/23/12, 2:56 am
Shrichand Nahar
S.V.Nahar, Advocate
There may not be any 498A case after divorce.
However, if complaint is in respect of overt act before divorce, then case may be maintainable.
Answered on 4/05/12, 3:19 am
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