Whether after talak wife can file dowry and domestic violence cases

Guest (Querist) 23 March 2014 This query is : Resolved
I am a Sunni Muslim from Punjab. I got married in the year 2012 under Muslim law & have no child. My wife started dispute on small things & cruel with my old mother. She threatened us to file a dowry case & beating etc in addition to dire consequence. On 29-01-14 she started dispute on a little matter & abused me and my mother. When his brother was called he and his family members came with some persons and manhandled my younger brother & also dragged us to police station. Where a compromise was made & she was allowed to go with parents but she took away all the ornaments without informing me while I was under treatment in the adjoining room. I have submitted my application to Amarat-E-Sharia Punjab to decide the matter according to shariat. The matter is still pending.
My query is in case I give talaq to her at this stage after talaq whether she can file still file domestic violence & dowry cases etc or maintenance & other legal action against me.

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ajay sethi (Expert) 23 March 2014
you are liberty to divorce her . she can still file maintenance case against you .

Devajyoti Barman (Expert) 23 March 2014
Yes she can file for maintenance but u/s 125 crpc only not under PWDV Act Or case u/s 498A IPC.

Rajendra K Goyal (Expert) 23 March 2014
Agree with the experts, she can claim maintenance after talaq.

Sudhir Kumar, Advocate (Expert) 23 March 2014
agreed with experts.

I will add that 498a is a criminal procedure and her right to file criminal case in respect of dowry demand doe snto extinguish with divorce.

Sudhir Kumar, Advocate (Expert) 23 March 2014
not only repeated by repeatedly repeated query.

Nadeem Qureshi (Expert) 23 March 2014
the limitation for filing 498A is three years & for domestic violence case is one year.

Prakash Ramchandani (Expert) 25 April 2016
i agree with mr nadeem,
because limitation also play major role in filing the same
but there are laws for delay condone, by providing reasons it can be filed

but certtain thins are to be taken in consideration

take advice online or contact the expert lawyer for the same

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