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Syed mohd fazle haider zaidi   27 December 2015

498A complaint after 20 years of divorce

My brother's divorce took place on 15/8/1997.after about 19 years On 25/11/2015 my brother's ex wife has filed a complaint u/s 498A against my brother . The police has sent notice for mediation. Is that complaint maintainable?


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 8 Replies

Reformist !!! (Other)     27 December 2015

No it is not maintainable. Section 498a uses word Husband or his relative. Whether your brother's ex wife married now or she is still single?

Fight it out on merits and give a written complaint/information to SSP of your area about the false complaint given by your brothers ex wife.

Reformist !!! (Other)     27 December 2015

Also read the following judgment:-

 

https://www.lawyersclubindia.com/forum/Re-498A-filed-after-girl-took-divorce-13015.asp#.Vn7g_vl97Dc

bhagwan (owner)     27 December 2015

Sir, One of my relative ( girl ) is divorecee.Her divorece taken inyear 2001 on sub registrar office on stamp paper. I want to know:

1. she is having one girl from marriage, she wants to give her brother,pls tellme how?

2. She remarried in year 2004 , but due tomismatch again she is with parents house , pls advise.? Thanks,

 

Reformist !!! (Other)     27 December 2015

Sir, One of my relative ( girl ) is divorecee.Her divorece taken inyear 2001 on sub registrar office on stamp paper. I want to know:

>> No such paper of Divorce is valid until decreed by the Competent Family court.

1. she is having one girl from marriage, she wants to give her brother,pls tellme how?

>> As per HAMA act, giving and taking of child needs to be done on paper i.e. adoption procedure needs to be done via the court and get the adoption decree.

2. She remarried in year 2004 , but due tomismatch again she is with parents house , pls advise.? Thanks,

>> This is Bigamy and is a crime if divorce is not decreed by the court. What advise you want on this question, please rephrase your question.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 December 2015

Dear querist U haveto come out with more details as to whether they have remarried during this period, and also their individual status 

bhagwan (owner)     28 December 2015

Thanks to all.

please advise can she demand maintaince for her and her daughter and alimoney.Please.Thanks

 

SAINATH DEVALLA (LEGAL CONSULTANT)     28 December 2015

Mr.Bhagawan, are au an advisor or an intruder into this query.

Reformist !!! (Other)     28 December 2015

Bhagwan Ji,

Pl. start a new thread and dont dilute the ongoing thread.


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