DV Act 2005 / IPC 498A
Izharul Haq Usmani
(Querist) 17 April 2016
This query is : Resolved
Respected Sir,
1) I think, after talaq. the ex-wife is no more an "aggrieved person". Therefore, in my opinion, the ex-wife has no right to file an application under section 12 (1) of the DV Act 2005 after talaq. Am I right?
2) Can the ex-wife file a criminal complaint under section 498A of the IPC after talaq?
kindly help.
With kind regards, Izharul Haq Usmani.
Devajyoti Barman
(Expert) 17 April 2016
1. The Supreme Court has made it clear that even after dissolution of marriage the DV Act will apply.
2.If the wife disputes the validity of talaq which apprentice not passed in due compliance of sharia law then 498A case can very well be filed.
Rajendra K Goyal
(Expert) 17 April 2016
Academic query, state material facts of the problem if any.
Sudhir Kumar, Advocate
(Expert) 18 April 2016
you have not at all stated as to why wife is not aggrieved person.
liability under criminal law do not extinguish with divorce.
