Can a suit under 498A be filed by an ex wife 16 years after the divorce ?

Answer 1

.Lets first see what does sec 498A of the Indian Penal Code States: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable.
Now let us check sec 468 of The Code Of Criminal Procedure,1973 Bar to taking cognizance after lapse of the period of limitation:-(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be :-

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not

exceeding three years.

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
Any complaint filed under sec 498A I.P.C. gets barred because of sec 468 Cr.P.C as the maximum imprisonment is under sec 498A I.P.C. is 3 years & sub sec (c) of the sec 468 Cr.P.C provides 3years time limit for filling any complaint from the date of its being committed, in the present case the complaint has been filled after 16years that also after the divorce hence her complaint is debarred due to period of limitation.

Answer 2

I do not know what 498a is but there has always been a 7 year statute of limitations for any kids of law suit,

Answer 3

Any case as per Indian Consitution has to be filed within 7 years after the incident.

I know that men are harrassed by women in India misusing our constitution. Contact a good Lawyer right away.

Good Luck !

Answer 4

Yes it comes under criminal suit. But there is limitation. If you are divorced 16 years before, Than why you want to file this case. If your intention is to harass our ex husband. Than you will be screwed toughly.

Answer 5

Pal ,,,,, hang it up ,,,,,,, You are hung ,,, Any time a women goes before a judge against a man it's like the judge is her father or something and the guy gets the raw deal every time ,,,, It doen'st matter how long it's been or how long it takes ,,,,, Grease yourself ,,,, you are screwed ,,,,