Section 498A · 27 February 2026
Pursuing Section 498A IPC Case in India After Accepting US Divorce Settlement Is Abuse of Process
High Court of Delhi
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The couple dissolved their marriage in the United States, where the wife voluntarily accepted a monetary settlement and a divorce decree from a competent US court. She subsequently attempted to continue Section 498A IPC criminal prosecution against the husband and in-laws in India.
The High Court held that a wife who voluntarily accepts a foreign divorce decree and monetary settlement cannot be permitted to continue parallel criminal prosecution under Section 498A IPC in India. Doing so constitutes a clear abuse of the process of law.
Relevant provisions: Section 498A IPC (Section 85 BNS) / Section 482 CrPC (Section 528 BNSS)
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