Dear Sriram ji,

NO, A woman who has taken divorce means that she is not living with her husband anymore. So  u/s 498 A  of IPC in not applicable now. Ya she surely can file a case under different sections of IPC,  if being harrased.

Section 498 A of Indian Penal Code states as follows

498A. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation-For the purpose of this section, "cruelty" means- (a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or (b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]

498-A.Husband or relative of husband of a woman subjecting her to cruelty .offence can be lodge aginst the husband & his relative .after divorce no husband wife relation  is in existence so offence cannot be lodge.But remember this is continuing offence & if wife got divorce on the ground of cruelty & desertion & subject to that privious cuelty she can file the case, bcoz SC held it is continuing offence. cuelty means physical & mental cuelty .

may i get some ruling on filing of 498A by ex-wife who took divorce and filed 498A after divorce.i urgently need some ruling.may somehelp me.

When she cannot file then onus shiefts towards her to bring such citation which permits her to file such litigation after obtainin =g decree of divorce.

There is no bar to file 498A by the ex wife after getting divorce unless the cause of action shown to be arising post divorce.

 You should always prepare for the worst once you entered in the hell of the indian marriage system. In this hell you never expect any honesty and rules and regulations. Brutal laws with brutal system. Beware Anything possible!

Stepmom names two-month-old in dowry FIR

Mumbai: In diapers, lying in her mother's lap and yet to sprout teeth, but Zoya is an accused in a dowry harassment case. The two-month-old baby was named along with seven adults by her stepmother in a complaint letter to the police. What is worse is that the police has included the child's name in the FIR.

Zoya - who should be playing in crib - had to spend several hours in a police station with her mother, foregoing food and sleep and came very close to being arrested.

Her mother, Reshma Shamsuddin Khan, pleaded with the police. "Sahab ye toh choti bacchi hai. Iska aapne kaise complaint le liye. Toh woh bole nai kuch problem nahin hai, hota hai saat-aath saal ke bachi ka bhi hamare paas case hai. Tab humney socha ke court jayenge. (I told them that she is a baby and how can you write her name in the FIR. The policemen said that it was no big deal and that they had other cases against young children too. That's when we decided to go to court.")

Not surprisingly, Zoya is the youngest bail applicant before the Mumbai Sessions Court. She was granted anticipatory bail on Sunday and is now safely in her mother's care.

The defense lawyer, Ashok Bhole said, "My client called me and told me everything. I saw that the child's name was also in the complaint, so I quickly filed a bail application in the sessions court."

Meanwhile, legal experts are stunned to say the least.

Advocate Usha Makasare says, "It is crazy. Unheard of. We will have to see under what circumstances the court has given this order."

In all this, one wonders what prompted the complainant to drag the child into the mess and worse still, was it right for the police to have even called the child to the police station? The officer who is to blame for this bizarre incident has now been suspended and the child's name removed from the FIR.

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Two-month-old Zoya gets dragged into a dowry harassment case filed by her father's first wife. Legal experts, child rights activists react in shock at her having to get anticipatory bail to avoid arrest

www.mid-day.com/news/2009/jun/210609-Zoya-two-month-old-girl-anticipatory-bail-dowry-harrassment-case-youngest-accused-Mumbai-news.htm

In a case straight out of Ripley's Believe It Or Not, the Mumbai Sessions court last Wednesday (June 17, 2009) granted anticipatory bail for what must have been their youngest applicant ever a two-month-old baby: Zoya aka Mehak Shamshuddin Khan. Lucky for her, or Zoya could have ended up behind bars.

Mother Reshma Khan of two-month-old baby Zoya said the family was called for an inquiry to Nehru Nagar police station. She sat there with the baby in her arms for 10 hours without reprieve, from 1 pm till 10 pm. She even had to feed her baby in front of the police and visitors

Zoya, who has got bail on a surety amount of Rs 10,000, is a member of the Khan family from Kurla who have been accused by Shakila Khan (27) in a dowry harassment case and for a criminal breach of trust. The sessions judge S N Sardesai in his order granted bail for seven of the eight applicants who applied for the anticipatory bail.

Shakila lodged a complaint against Zoya's father and her divorced spouse Shamsuddin Khan at the Nehru Nagar police station and named the entire family in her letter, including Zoya, her biological mother (Shamsuddin's second wife), a neighbour and four relatives. Shakila accused them of harassing and demanding dowry of Rs one lakh and torturing her, the police said.

Khan's lawyers Anil Bhole and Lata Vhotkar said the police initially thought that the matter would be resolved between both parties amicably. "However, when Shakila submitted a complaint letter against Shamsuddin and his family in which his second wife Reshma's baby was also mentioned, he had to rush for anticipatory bail for all his family members," said Bhole.

The police registered the case on Wednesday evening against Khan and his family members, acting on Shakila's complaint letter submitted earlier.

"Shakila and Shamsuddin divorced two years ago and he has since remarried and had Zoya with his second wife," said Nasim Bano Khan, Shamsuddin's mother. The entire family, apart from Shamsuddin, was summoned to the Nehru Nagar police station on Friday for questioning. "We were at the police station from 1 pm to 10 pm. Who would have looked after my baby while we were being questioned by the policemen? Our baby is so small, so I have to still bring her along every time," said a distraught Reshma.

The case so far
Police have filed a case against Shamshuddin Khan (divorced husband of Shakila), his second wife, daughter, mother, brother, two sisters and one neighbour for dowry harassment (section 498), criminal breach of trust (section 406) and acts done by several persons in furtherance of common intention (section 34). Shamsuddin's bail application was rejected and he was arrested by the Nehru Nagar police station on Saturday.