498a & 406

Mustafa Bhat (Querist) 17 December 2015 This query is : Resolved
Sir,
Can a lady marry who has lodged a case of 498a & 406 against her in laws & husband (A) is pending for disposal in court of law with other person (B).
The lady & in laws are Muslim. The husband say he has divorced her but lady all along has been saying she is wife of A.
Now if lady go silently for second marriage with B , what has A to do to get rid of cases.

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Sudhir Kumar, Advocate (Expert) 17 December 2015
Husband can file case of adultery and dilute his stand of having divorced here.

Sudhir Kumar, Advocate (Expert) 17 December 2015
her illegal marriage without divorce has no relevance to the criminal case filed by her.

existence or non-existence of divorce is also not relevant to the said case.

Rajendra K Goyal (Expert) 17 December 2015
She can marry after divorce, whether it is decided by court or otherwise acceptable legally.

P. Venu (Expert) 17 December 2015
What is the truth - Has he divorced her abiding by the rigours of Talaq?

Mustafa Bhat (Querist) 17 December 2015
Yes,
She has been divorced by talaq in 2009,
She after that Filled 498A & 406 in 2010,
where she claimed to be wife.

P. Venu (Expert) 17 December 2015
when did the alleged offences take place - before or after the talaq?

atul (Expert) 17 December 2015
If before the divorce, it is case of adultery which can be cited by husband to smoothen the way to secure the divorce;if after the divorce,where is the hitch?

K.S.Srinivas (Expert) 19 December 2015
If the marriage has taken place before talaq (divorce), then it amounts to adultery. In case it is after divorce, it is valid.

Dr J C Vashista (Expert) 20 December 2015
Anonymous author in the adoptive name of "victimmale".
"Triple talaq" by a Muslim male cannot dilute the offence u/s 406/498A IPC

Mustafa Bhat (Querist) 22 December 2015
@ Venu Sir
The divorce took in Nov 09, FIR for 498a &406 lodged in Sept 10, In FIR they claim alleged offence b4 April 09

T. Kalaiselvan, Advocate (Expert) 26 December 2015
Though she has filed the criminal cases on her husband after the alleged talaq, it may be a fact she was not aware of the talaq or she did not entertain the talaq. Whatever it is since the criminal case has been registered, though it may be challenged, the case is valid because of the nature of offence charged.
Also her marriage with another person, after she has been divorced by her husband by giving talaq is legally valid, there is no adultery or bigamy etc.

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