Death of husband
J.K.SHARMA
(Querist) 06 April 2013
This query is : Resolved
Dear All
Pls guide us if husband expired due to illness what impact on other co-accused whose name are in 498A. Is case was closed or its run on others. or after 1 motion payment which amount settled will be payable by others or not.
Thanks
ajay sethi
(Expert) 06 April 2013
case will continue aginst other co accused. if others have agreed to pay certian sums of money then will have to pay . then they can move high court for quashing of complaint
Devajyoti Barman
(Expert) 06 April 2013
case would not be closed. it would continue in respect of other accused persons. However the merit of the case would be weakened a lot.
Raj Kumar Makkad
(Expert) 07 April 2013
The closure of the criminal case and the payment of the permanent alimony have no direct connection.
The liability to payment rests with the husband for the purpose of divorce. when the husband has already died, there is no requirement to make payment as settled as after death of husband, a woman automatically gets divorce.
The case shall run in routine and mos probably the same shall get dismissed after conclusion of evidence.
prabhakar singh
(Expert) 07 April 2013
All have rightly spoken on your doubts.
