1)Khula’ means the separation of the wife in return for a payment; the husband takes the payment and lets his wife go, whether this payment is the mahr which he gave to her, or more or less than that.

2) on receipt of payment husband should say i let you go or i separate from you

3) in your case no payment is received by you mere letter is given by wife

4) file case of bigamy against your wife under section 494 of IPC

5) it would force wife to compromise the 498A case filed by her

6) on basis of compromise file petition of quashing under section 482 of crpc

dont file for revision .

2) since specific allegations have been made against your brother / uncle they have to face trial

3) revision application would be dismissed

1. Yes wife by performing second marriage even before you obtained divorce has committed bigamy for which she can be prosecuted u/s 497 IPC.

2. However her bigamy is no reason to end the 498A case and the same would finish on its own merit.

3. Yes do not go for revision as discharge would not be allowed if there is allegations in the complaint.

is it right to file a bigamy criminal case on her ?

The decision conveying her consent to dissolve the marriage by mutual consent would be sufficient as per Muslim personal law which is almost in line with the talaq pronouncement. Moreover, you hav no relief for divorce in the civil court when you have an option to pronounce talaq which is legally recognised in law till date. Further, since you have already initiated process for divorce, her expression and consent for khula goes to say that she accepts your divorce and the marriage contracted by her subsequent to expressing khula, clearly indicates that her marriage was properly dissolved while she married another person after that again, therefore there is no question of bigamy.

one of the accused in 498a my elder brother and brother in law both are in gulf, so whether the 498a will be delayed because of this ? and how to proceed with 498a case ?

Yes the criminal case will be dragged on due to their non-appearance especially for the initial questioning session wherein the charges are being read out.

divorce case still pending. can i approach High court to quash 498a case?

You can very well proceed with quash petition if you intend to do so.

what will be the next stage in 498a after the discharge application on my elder bro and uncle is rejected ? court has given order as appearance of accused on next date.

The accused have to appear before the court on the next date of hearing or else the court may issue non-bailable warrant on them.

You cannot help it than challenging the case on merits before the trial court.

Since she has already married someone and living a life of her own, you may withdraw the divorce case and pronounce triple talaq and communicate this decision to her by registered post.

If the court has rejected the discharge petition of those two, what is your concern to produce before the court the evidences of her second marriage or withdrawal of maintenance case on this application.

Their discharge should have been fought on the merits on that issue alone and not with the support of this adverse issues.