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Krish   10 February 2016

Wife can remarry if husband is convicted in 498a?

Hi Experts,

I have a question which I wanted to know for informational purpose.

If husband is convicted in 498A and under imprisonment, does wife has the right to remarry without obtaining divorce?



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 8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     10 February 2016

Even for information sake,she cannot marry unless she obtains divorce.
1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

Divorce certificate is required to remarry.

1 Like

saravanan s (legal advisor)     10 February 2016

if she does so it amounts to bigamy and alsoshe is liable to punishment for doing so 

1 Like

balu   10 February 2016

Hi Eperts,

What will happend if husband disproved in 498A, is she still demand husband to live with her.

Krish   10 February 2016

Thanks a lot to all of you whoever answered. This info helps me lot. 

saravanan s (legal advisor)     11 February 2016

noone can force the other to live with them.usually if 498a allegations is not proved against the husband the husband would resort to divorce as false 498a amounts to cruelty and it becomes a ground for divorce

saravanan s (legal advisor)     11 February 2016

noone can force the other to live with them.usually if 498a allegations is not proved against the husband the husband would resort to divorce as false 498a amounts to cruelty and it becomes a ground for divorce

balu   11 February 2016

Thank you very much srinivasan, your answer is really useful to me.


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