28 Feb 2026 11:23 AM

Cruelty to Wife-- Acceptance Of Foreign Divorce Settlement Bars Continuation Of Section 498A IPC Proceedings In India

A wife who has voluntarily participated in foreign divorce proceedings and accepted monetary settlement cannot continue criminal prosecution under Section 498A of the Indian Penal Code on the same matrimonial grievances. The doctrine of approbate and reprobate bars a litigant from accepting benefits of a settlement while simultaneously pursuing criminal action on the same cause of action.

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