1. your wife first filed a 498a against you
2. let us have a look at that section
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—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
. Explanation.—For the purpose of this section, “cruelty” means—
any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
3. since the 498a was filed when the husband -wife relationship was subsisting, your wife had a right to file that case and you have a right to defend yourself if the allegations against you are false
4. thereafter you divorced your wife by pronouncing talaq-e-bain. Now this is an illegal form of talaq.
5. in August 2017 the Indian Supreme Court declared triple talaq as illegal
6. thereafter government promulgated two ordinances one in September 2018 and another in February 2019 declaring triple talaq as illegal
7. the talaq by you was pronounced by you prior to 1.12.18 when the above ordinance was in force
8. however your wife accepted the divorce by accepting the meher money and iddat amount and has also signed on the declaration of talaq
9. so the 498a case becomes infructuous or redundant since there is no relationship of husband and wife upon divorce
10. now coming to s.12 PWDV application filed by your wife, certain provisions are required to be seen -
11. PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
ACT, 2005 Section 12 - Application to Magistrate
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
12. definition of aggrieved person is -
(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
13. definition of domestic relationship is -
(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
14. the above definition makes it clear that the aggrieved person [your ex wife] and the respondent [you] would have lived together in a shared household but when they are related by marriage.
15. in your case the marriage is dissolved and the lady has also accepted the divorce by accepting the moneys as above
16. so the s.12 application under PWDV is also not maintanable.
17. i suggest that since the marriage is already dissolved and the lady has taken the money, you make an application u/s 14 of PWDV for counselling so as not to enlarge the controversy further and to dispose of the matter amicably