(Guest)

Divorce case and now 498a

Hi,

I was talking to one of the harassed husband. He filled divorce case in 2010 beginning. Now her wife has filled 498a with wrong allegations. He has got proofs to rebut and prove those charges wrong.

As per a few other posts - wrong 498a is cruelty - so what should he do now- shall he file a rejoinder to get new point added that wife has filled false 498a with wrong cases.? Will adding new grounds/facts be allowed at this stage?

Otherwise , can he wait for the judgment on 498a to come and then file divorce case, provided his current divirce case does not go through?

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3 Replies

Kiran Kumar (Lawyer) 11 September 2011

till 498-A matter is decided, there are no solid reasons to plead cruelty on the basis of false prosecution under S.498-A IPC

however, subsequent filing of 498-A will give advantage that the Husband and his family will get the bail comfortably.

let both the proceedings continue together and use the evidence to discard the testimony of the wife.

this litigation needs patience and prudence....kill the thought of other party with wisdom.

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Adv Archana Deshmukh (Practicing Advocate) 11 September 2011

Yes, when the other party is in a mood to file multiple cases, it needs lot of patience, prudence and tact in handling them.... when to restrain yourself and when to come in a attacking mode, how to use the mistakes committed by the other party to the advantage of ur client and when to shut ur mouth. So it is better to engage a good advocate and keep faith.

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 13 September 2011

Dear Onlytruth,

If some allegations are of such magnitudes for which you have proof against. Go for amendment of pleadings and add them as ground of mental cruelity.

But concrete advise can be given after seeing the complaint and divorce petition.

i.e. One guy I know, who has a baby girl and the wife in her complaint charged him of impotency (Strange but true) The guy went for amendment of pleadings and the divorce was granted pretty soon.

But such kind of amendments are not for regular stuff like demand of dowry and so on. It better be big

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com