Can wife file 498a and dv after mutual divorce?

Thanks Renuka Ji and Augustine sir for your reply.

@Renuka Ji,

You are correct. Husband should be like actor to deal with marital issues in smooth manner to get what he wants.

@Augustine sir,

As you  told, she can not file 498A as she is no more be considered as wife. How about DV case? To file DV case, it may not be wife. It could be anybody - lady/child whoever affected/suffered  in the same shared house.

Also, can they appeal in high court challenging the district court divorce decree as it's just 2 months only passed?

Kindly clarify/advice.

Did you get Mutual Divorce by signing some papers between both of you OR through the Family court ??? 

If its through the COURT then why are you bothered ???. Can she claim she was forced by the court also to give you divorce under gunpoint  ??  If you have also paid her permanent alimony as one time settlement then how can she say she was forced to sign MCD ????

once you got MCD she cant file any case, unless you have signed MCD papers blindly without knowing what you have agreed to.

Why are you worried....Im sorry but it seems you are either wasting time of the forum by asking such questions OR not disclosing true facts of the case

@Born fighter,

Thank you for the reply.

Divorce was taken through court only. Our lawyer has also told that we are all set now. Nothing will happen.

No problem with girl.But her parents are making scene now and they are aggressive people.  Some relatives told that they are trying to find the ways to file cases.

I understand that they cant do anything now. But just wanted to make sure all of us are on safer side.

However, the only way their parents have is appealing in the high court as 90 days are not yet passed.

Anyway, with your reply,  it is obvious that they can't go for appeal.

Thank you!!

From a purely legal perspective, you DO HAVE REASONS to be worried. It is not whether she will prevail ultimately or not but that her case, if filed, will not be dismissed in limine... that is at the very outset. Why? She can claim coercion by you to get the MCD and if so, then a full trial will take place... Both of you will lose time and money, will make some advocates happy, of course. She can file DV within one year of separation... which has nothing to do with the date of divorce. 498 cases I do not know but if she wants to file, I guess she can file anything she wants. The key is to convince her that it is not in mutual interest to file cases and to move on with you own lives separately. So, rather than confronting her, try to be friendly with her and convince her.

The answers give to you above are basically correct that you will ultimately, most likely, prevail but the concern of facing a long-drawn out trial should not be taken lightly, especially when a woman claims coercion into entering a settlement.... 

Thanks Samir ji.  We will talk and try to convince their family.

under influence - u say she is under her parent
                         counter of her parent may b she was ready for mcd is under influence of ur side.
let court to decide whm to believe whn this question will b arised.

Moreover u mention in ur early thread "
https://www.lawyersclubindia.com/forum/details.asp?mod_id=133389&offset=1#.VswMeY5YVQA

that u were seperated fr three years.
there is vast gap btwn more thn 6 months and more thn 3 years.

thn guidance of senior frm point of view of 6 months may b not fit fr the case oif seperation of 3 years.

She has no right to file any case except PWDV act.

if u r going for mutual divorce, add a clause in that after divorce no party to divorce wil file any criminal or civil case or suit on another party