after talaq can Muslim girl file case
irfan
(Querist) 19 August 2015
This query is : Resolved
If husband gives talaq to wife with complete Maher and iddat amount. Can she files case under section 307,407,507 and 420 against husband and his relatives.
SAINATH DEVALLA
(Expert) 19 August 2015
Irfan UR wife is an advocate as per UR previous queries.
Divorce only snaps ties for husband and wife for future and it does not in any way absolve criminal liability from any allegation (true/false) that the wife may level regarding Domestic violence/Dowry demand/streedhan etc.
The wife can very well file a case for cruelty and 406 too despite the fact that she has been divorced by her husband as per the muslim personal law. The complaint can be for the offence done prior to divorce or it may be for a recurring offence. The best thing to defend is to obtain AB and as far as the current scenario in the light of supreme court judgment, it will be easy to get AB, get it soon. There had been examples of muslim husband having pronounced triple Talaq and Suffering in 498a case.
Rajendra K Goyal
(Expert) 20 August 2015
Agree with the expert SAINATH DEVALLA .
