Is filing of 498a after divorce application by girl allowed

MCD can not be filed within ONE YEAR of seperation.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

The presentation of a divorce petition is no bar to the filing of an FIR u/s 498-A. As regards MCD, the same cannot be filed before a year unless the case falls within the ambit of 'extreme hardship'.

Pardon me for encroaching on Adityas post but the question appears related.

Can ex-wife file 498a AFTER divorce ? 

@ Kumar

An ex wife can file 498A subject to the limitation period under S. 468 of the Cr.P.C. The offence under 498A is punishable with an imprisonment of up to 3 years. Section 468 of the Cr.P.C lays down a limitation period of 3 years for taking cognizance of an offence which is punishable with an imprisonment of a term not exceeding 3 years. Apart from this, the offence under 498A IPC is a continuing offence under S.472 Cr.P.C and, therefore, on every single occasion during the marriage the wife was treated with cruelty in relation to the demand of dowry, a fresh limitation period of 3 years would begin in her favour. Therefore, in terms of section 468 of Cr.P.C read with S. 472 Cr.P.C, an offence under 498A IPC can be taken cognizance of within 3 years from the date of last commission, irrespective of when the marriage was dissolved. To put in a nutshell, the dissolution of marriage would not hinder the wife from registering the FIR under 498A if the same fulfills the requirement of Sections 468 & 472 Cr.P.C.

And what if she is the one who has filed for divorce? Even then she can file all these cases for 498A and physical torture?

Yes, even then she can file for 498a.

Yes. She can.

After divorce, the 498a can not be filed.