Monu Singh
Asked August 29, 2016

criminal or matrimonial case/complaints after mutual consent divorce decree

  • 1 Answer

Can wife file criminal or matrimonial case/complaints after mutual consent divorce decree 13B of HMA 1955? If following permanent alimony is mentioned : Husband will pay ten lacs in wives bank account for divorce,maintenance (present,past and future),ornaments,istridhan and rest of claims.

Answer 1

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Saurabh Kumar

Even though they have been granted a mutual consent divorce, and the ex-husband has been paying alimony, the ex-wife can still file criminal complaints as under-

1. Section 498-A IPC against husband for having indulged in acts of cruelty during the marriage. It would include any wilful 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 asking for unlawful and unfair demands.

2. Can file a case under  IPC Sections 406A (recovery of stridhan), 324 (assault), IPC 506 (criminal intimidation) 

3.If he has cheated her financially or has taken away her property, then she can file a case under Section 420 of IPC.

4. She may also a file a case against him for having unlawfully restricted or confined her, under Section 339 and 340 of IPC, if he did so in the past.

Agree Comment 0 Agrees about 5 years ago

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