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Suraj Kumar (Manager)     29 June 2020

494 crpc

Sir, My brothers wife leave on 2010. He asked to come back but she didn't return. Divorce case is filed by my brother. Now my brother living together with another women. My brother's 1 st wife file 498A and 494 IPC on 2020. Sir, In my opinion 498A cannot be filled due to bar of 468 CRPC. Can he prayed before court to drop 494A allegation ? As my brother's wife leaves him 10 years back can she be considered as aggreived person for filing 494 IPC ? 494 IPC may be proved if it found that second marriage is void. For the purpose who will start proceeding under HMA ? Can 1st wife file 494 IPC against husband in that case ?


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 3 Replies

Adv Deepak Joshi +917017821512 (Advocate)     29 June 2020

Dear Querist,

When did she filled 498A ? Yes in case divorced is not granted by competent court 494 IPC Stands firm, subject to facts and circumstances of each case.

Adv Deepak Joshi

9456777600

Suraj Kumar (Manager)     29 June 2020

She file 498A in 2020, Divorce case is pending.

Dr J C Vashista (Advocate)     30 June 2020

It is ridiculous and absurd to repeat same story time and again.

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