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Former Wife Cannot be Prosecuted Under Section 498A as She is not a Relative of Husband

The present wife who is the complainant in the present matter has roped the former wife of her husband as well as the husband as an accused. It was alleged by the complainant wife that her husband went back to his former divorced wife after getting married to her.
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Petition filed by the present wife against her husband’s former wife under section 498A of IPC has been quashed by the Gujarat High Court. 

The present wife who is the complainant in the present matter has roped the former wife of her husband as well as the husband as an accused. It was alleged by the complainant wife that her husband went back to his former divorced wife after getting married to her.

Justice JB Paridwala noted that the former wife of the husband is not covered in the definition of ‘the relative of the husband. It was further observed that even if the husband went back to his first wife but the fact remains that the marriage of the husband with his former wife has been dissolved. Thus, there  is no case against the former wife.

The court thus quashed the case against the former wife and stated that she may be the reason of the disputes in the matrimonial life of her husband and his present wife but in no way she can be prosecuted as an accused under section 498A of IPC.

The question whether the former husband can be charged under section 498A of IPC or not has been answered by the Kerela HC in the case of M Abdul Sathar vs Aneesa. The court in the matter said that there can be no case against the husband after the divorce under the section 498A of IPC.

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Reviewed by:
Mehak Sharma
Published on 11th Dec, 2017
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