Let me reply this question first from the legal point of view. The offence under Section 498A of IPC is punishable with the maximum imprisonment of 3 years. Therefore, the limitation period for the court to take cognizance of such offence is 3 years as per the provisions of the Criminal Procedure Code. Accordingly, if some incident had taken place within 3 years of your filing the complaint under Section 498A IPC and it took place during the period when the marriage was still legally valid, and if such incident makes out an offence under Section 498A IPC, then such complaint can be filed by you, even if you file the case after divorce. To reiterate, the offence must have taken place during the period when the marriage was still valid (i.e., before divorce) and secondly at the time of filing the complaint, a period of not more than 3 years should have lapsed; if so, then you can file the complaint even if the complaint is filed after getting divorce. This is so because an offence is not wiped off merely because of some subsequent event. So, subject to the above conditions, you should be in a position to file the complaint under Section 498-A of IPC even after the divorce.
Having said that, let me now cover this question from practical point of view. Now that you have got divorce from your husband, it may perhaps be the time to move forward in life with a positive outlook and not get bogged down with the past. Filing a complaint against your former husband would keep you busy for many years in future, since the court proceedings take very long period of time to be over, and during all these years you would be living with those bad / bitter memories and experiences. So, if possible, why not forget the past and think of the future?
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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