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Can existing DV case and 498A be pursued after divorce
3 years ago
I am a hindu girl and have filed Dv case and 498A against my husband in Feb 2016. FIR has been registered and pending in police station till date. Whereas, I got orders in DV case, but my husband didn't honor the court orders and has not returned my jewellery and did not pay maintenance. I would like to apply for divorce now and pursue both the cases after divorce. Are both the cases valid to be pursued even after I obtain divorce too? Will the court and police entertain the existing cases of I obtain divorce now?
Advocate Niyas Fazal A
Responded 3 years ago
A.498 A will remain and you have file execution petition before concerned Court.
If you filed divorce case and passed order in favour of you never affect the previous case execpt RCR.
If you filed divorce case and passed order in favour of you never affect the previous case execpt RCR.
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A.Hai,
Section 498A of IPC deals with cruelty. In India, cruelty is a valid ground for the grant of divorce. Your case will stand in the court of law, as there has not been an undue delay in filing a 498A case. Since you have filed both the cases together, it will stand. If you find this helpful, please rate us.
Section 498A of IPC deals with cruelty. In India, cruelty is a valid ground for the grant of divorce. Your case will stand in the court of law, as there has not been an undue delay in filing a 498A case. Since you have filed both the cases together, it will stand. If you find this helpful, please rate us.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hai,
If a woman files an FIR under Section 498A after a long undue delay, then her complaint will not be sustainable. In the instant case, you have filed the complaint under Section 498A IPC along with the divorce petition. so your case will stand and you will be granted divorce on the grounds of cruelty. If you find this helpful, please rate us.
If a woman files an FIR under Section 498A after a long undue delay, then her complaint will not be sustainable. In the instant case, you have filed the complaint under Section 498A IPC along with the divorce petition. so your case will stand and you will be granted divorce on the grounds of cruelty. If you find this helpful, please rate us.
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