498a after two years of Re-Marriage

 well you are not her husband now so they cant file 498a against you and also she has taken divorce.......if u hav the copy of divorce file it in the court wen required..... i dont thnk there is anythng 2 worry......

Thanks Sweta for your kind reply.But it seems, according to so powerful and stupid law,girl can still file for 498 and 406 even after remarrying.Even she can enjoy her new found love and her father can still make money from us.

I also want to know , if there is no FIR filed with Poice , can her father still go for 498a.

Will judge in Chandigarh will consider these facts like -No FIR, No proof of dowry, Hiding re-marriage from court(not coming to court with clean hands).

What are the chances of getting it quashed.

dear AA,

plz don't say that law is stupid. certain advocates made it stupid for their own benefit.

any way, in your matter, if any matter is filed against you then you must defend the same. but no need to worry court will consider the fact of remarrying of the lady, not filing of FIR, complaint filed after two years, complaint filed by father etc. and you defenite will get the justice.  

I think this is not the case as made out.by you:-

1. You are basically living outside and are not clear as to the 'status" of your first wife's and or marriage with her by you and hence asked aprehensive questions.
2. Even if all these bald 'facts" are made out to be 'true' the way you have asked then and if it is a S. 200 CrPC (private complaint) her signature is necessary (in Oath affidavit / Oath register) and even after that she has to lead witness evidences in a S. 200 crPC private complaint case till a JFMC / MM take cognizance of S. 498a IPC. 
3. I found in your mail all these imp. CrPC / IPC 'procedures' misisng hence my opening para 1 stands correct according to my understanding.
4. Even if I take that before leaving for 'overseas' she has taken ex-party Divorce and the 'knowledge' of it is now within your "special knowledge' as you yourself are clearly writing about the same here then who has stopped you to challenge the same 'first" before jumping on to defending very grave and serious allegations that also on POA based (like when you say your ex FIL is pleading 498a / 406 IPC) and no bail or recovery proceeding till date against your mother in IXC who is left behind in India by you two brothers when you two went overseas?.
5. I find all these highly improbable hypothetical questions. The question of defending all these here does not arise with facts / timeline placed before us are not that correct procedurally as made out to be!!!!

May be I am totally wrong "procedure" analysing your asked questions which CrPC / IPC professionals here may correct  me for my own understanding of the subject if any now left out !
Regards,

Thanks Arun for taking time and putting in efforts to understand my case and writing about it.

Let me clarify it more and probably you can give some valuable inputs to me.

1.   I am staying outside India.I brought to her to this country.And she remarried in this country after taking exparte divorce.She took divorce in India by staying outside India thru her connections in lower courts.

I am very much clear about her every step.She has remarried outside India and still staying outside India with her new husband.

She has hidden the fact of her remarriage from courts to file 498/406.

But I have filed for quashing of case in high court and have also submitted the proof that she has remarried outside India and have hidden the facts from the courts so has not come to courts with clean hands.

2.   In reply to your second point,she came to India just to sign on her evidence.But the complainant is her father.I fail to understand how can her father file a case of cruelty and daughter is enjoying with her new husband that too outside India.

3.   In the case filed by her father, there are no Cr PC mentioned.Only thing mentioned is 498 ( cruelty) and 406.

4.   She took ex parte divorce and remarried in 4 months time.I am staying outside India for long time and my mother enjoys her retirement in India with her relatives and friends.She visits us once a year.

When she took ex parte divorce, I never went to court to challenge it as I am not interested to fight in courts sitting outside India and never wanted her to be back once she left along with her belongings( literally took every possible thing from my house- even thieves would have not cleaned it so beautifully)

Once she married in four months of taking divorce , I realised , it was time to move on in life and now I am also happily married and not interested in anyone's life.

It is just that ex FIL is trying to make some quick money realising that my mother is all alone in India.I am not sure how successfull he will be in doing that.But looking at the staus of Indian courts and time they give to each case, it seems he might be able to make some quick money from us.

In the end, I would say , I might not be able to expain case in a technical manner , but I hope you got the main points of the case to get me some help and usefull inputs.

Thanks again for everything.

1. It seems you are placing your defense on POA basis (refer to S 482 CrPC quash) filed in HC.
2. You are basically worried about your mother in short. I would suggest not to worry too much when a POA based quash has alrerady been filed.
3. In short what <ad. criminal> has said in his last 3 lines reply is going to happen.
4. None of us can control delivery of Indian Justice system.
5. The harmonious look of it it seems that your filings are on the right track..
6. She is smart to re-marry after waiting for Appeal period to be over. So only grounds you can ask your POA Adv. to further plead / stress is on 'fraud' element;- that any order taken by playing fraud before court is null and void in the eyes of law and also ask for compensation / litigation cost. PERIOD
7. Trans -distance communication (means further replies) when a POA Advocate is representing your case  coupled with mother left behind by you two will result in agreviating present situation. Hence allow Indian Justice system to deliver favourable justice to your three.
8. BTW out of curiosity like to know when did you discover (means after how many months of its Decree) that she has taken ex Party Divorce from you ! :-)
Rgds