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498 A Case
23-Jan-2023 (In Criminal Law)
Sir i got divocre in family court of bangalore on 4th july 2018 as expart divorce now and i heard that after divorce 498a case will be quashing is it true sir
Please tell that the Bail which was rejected was under sec 438 or 439 crpc. And accordingly you have to file for bail before the High Court. 482 crpc will be filed only after the framing of charge against the accused persons.
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Adv. Nitin Dubey
Jabalpur | 25+ Answers
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I have seen your query it appears that you want to file a CASE under Section 482of Cr. P. C. That can be filed but without looking into the relevant papers positive opinion can not be given for this purpose you must send the relevant papers or consult me through lawrato.com.
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Adv. Rajnikant Khare
Jabalpur | 25+ Answers
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Hi, regarding your query let me tell you that 498A is a criminal offence which is filed and police will have to investigate the matter and file the charge sheet to the court. After which the trial proceedings will start in this matter if it was before the Divorce.
In my opinion, after the divorce, the complaint under section 498A is not maintainable as you are not related as husband and wife any more, unless the exparte divorce is set aside. To set aside exparte order, the opposite party has to approach the same court.
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Adv. Rajesh Kumar K
Bangalore / Bengaluru | 400+ Answers
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Dear Sir,
Soon after expiring of appeal period you may go for second marriage legally. Thereafter if any appeal is preferred it becomes infructuous. Usually on mercy grounds the High Courts setting aside the ex-parte decree by imposing some penalty and matter will be remanded to the family Court.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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1. Divorce case nothing to do with dowry harassment case. The quash can be applied only based on facts and merits of the case.
2. you could have mentioned the status of the 498a case to provide clear opinion.
3. Talk to your present advocate on the same.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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