Does filing divorce can avoid 498a arrest?

Originally posted by : Sonu
	Hi All, I heard that "After filing divorce case if wife files 498A, police cannot touch you for the offence u/s 498 A". Is this true? NO.POLICE CAN STILL ARREST U. AFTER 498A CASE IS FILE , FIRST POLICE ENQUIRE IS DONE N THEN ARREST IS MADE. IT ALL DEPEND ON THE CASE . Thanks in advance for your answers.

They arrest you even after divorce. I have heard of a few cases where this was done.

Hello Sonu. Section 498A of IPC concerns itself with cases where husband or relative of husband of a woman subjects her to cruelty. It is a cognizable, non-bailable and non-compoundable offence. This means that the police can arrest, without warrant, the person(s), against whom a case of 498A has been registered. Also, cases under this section are of serious nature as the same cannot be compounded and can only be quashed. For arrest under 498A, no investigation is necessary before making such arrest and the burden of proof in such cases rests with the accused party to prove his innocence. A 498A can be filed even after the divorce. In the judgment of High Court of Patna, the Court granted bail to the husband in a case where 498A was filed after 2 years of filing divorce by husband. You may refer to the case of Bhupinder Kumar vs Smt. Versha Rani (2005) 140 PLR 199, wherein the wife filed a case of divorce under Section 13 of the Hindu Marriage Act and consequently filed a case under 498A. The husband and the in laws were then arrested. I hope this information helps. –Regards Adv. Pooja www.lawkonect.com