Dear All,
Please enlighten me on this below mentioned query:
Complainant had filed a case for 498A and 406 of I.P.C. Both complainant and respondent are Muslims (governed by Shia) law.
Marriage took place between them in the year 1986 and three children were born out of wedlock.
In the year 2002 husband got pronounced divorce through Imam of Jama Masjid and the wife left the matrimonial house since then and both parties does not have any contact with each other.
But, in the year 2005 she filed CAW cell complaint narrating the incidents of the time when the marriage was subsisting between them i.e. from 1986 to 2002 and which resulted in registration of an FIR .
Chargsheet filed in the year 2007 (as husband got anticipatory bail) and judge took cognizance in the same year.
My query is:
a) Can a CAW cell complaint be entertained which resulted in registration of FIR and filing of CS when divorce took place between the parties prior to that? if yes, then is there any limitation for this because a wife cannot come and say that husband used to beat me asked money etc during our marriage that too after 3 years of talaq.
b) Can a wife file CAW cell complaint after talaq?
c) Is the talaq pronounced by the Imam of jama masjid is a valid talaq.
Please guide.
