Fals 498a from my wife side
vikas manish kumar verma
(Querist) 06 October 2012
This query is : Resolved
my wife was not live with me from 1 Years and my wife asked to me for 1 lacs rs other wise she filed a case againest me. now she filed a 498a case againest me and my mother in borivali court on 27.07.2012 now i am release on a bail i dont know what can i do in this matter. please advise me. and second side she also filed a case in thane faimily court for elemany many which is rs 120000. i am very harresed from my wife side can i give a divorce to my wife.
ajay sethi
(Expert) 06 October 2012
you cn apply for divorce but you have to make ut a case for divorce .
you have stated false 498 A case has been filed . if you are acquited and it is proved false case is filed then it is a ground for divorce on account of mental cruelty .
if you dont want to wait till disposal of 498 A case then after discussing with your lawyer and as per his advise file case for divorce .
as far as alimony case is concerned is your wife working ?
Sudhir Kumar, Advocate
(Expert) 07 October 2012
Now you will spend more than one lakh in litigation. Still find ways of reconciliation.
V R SHROFF
(Expert) 07 October 2012
Shri Ajay Sethi:
Even if acquitted husband of 498 charge, Judge denied Divorce saying, case was not false, she failed to produce evidence. not a ground for divorce on account of mental cruelty .
So Court Orders are usually Wife oriented.
Can do anything and get away with it.
Only Man looses on both the side.
ajay sethi
(Expert) 07 October 2012
THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 66 OF 2006
Ajay Ashok Khedkar .... ..... ..... ..... Appellant.
V/s
Sou. Laleeta Ajay Khedkar..... .... ..... ....Respondent.
Mr.Hitesh Vyas, Adv. For the appellant.
Mr.Sachin S. Pande, Adv. For the respondent.
CORAM: A.P.DESHPANDE AND SMT. R.P. SONDURBALDOTA, JJ.
Date:12th April, 2010.
4. Perusal of the judgment clearly reveals that the prosecution
utterly failed to prove the case put forth by the complainant. The
Judicial Magistrate has recorded categoric finding that the
complainant’s own testimony falsifies the prosecution case that the
complainant was treated cruely and was harassed by the accused
persons with a view to coerce her and her parents to meet their
unlawful demand of Rs.50,000/. The Magistrate has totally
disbelieved the version of the complainant/wife and has acquitted
the accused persons. On a careful reading of the judgment
rendered in the case of prosecution under section 498A of IPC one
thing is crystal clear and it can be safely assumed that the wife had
filed a false case not only against her husband and motherinlaw
but had unnecessarily roped in other near relations. It is obvious
that on account of arrest and detention of the husband and his
family members respondent has treated the appellant with utmost
mental cruelty and the appellant has suffered agony. It will not be
out of place to mention that the complaint filed by the wife was
calculatedly designed in as much as it was a sort of counter blast to
the divorce petition filed by the husband. The appellant had filed
divorce petition on 16.6.03 whereas the complaint was lodged by
the respondentwife on 11.7.03.
5. Learned counsel for the appellant submits that the appellant
and his family members including ladies who did not stay along
with the appellant were arrested and detained causing utmost
humiliation and embarrassment and agony to the appellant. This
solitary incidence would itself constitute mental cruelty even if
other circumstances are not taken into account and thus the trial
court has erred in law in dismissing the divorce petition.
Without deliberating on all the circumstances in detail we are of
the clear view that cumulative effect of the behaviour and conduct
of the respondent is good enough to draw an inference that
respondent has caused utmost mental pain and suffering which
constitute mental cruelty to the appellant and hence the appellant
is entitled for decree of divorce on the ground of cruelty.
Full judgment here (PDF): http://bombayhighcourt.nic.in/data/judg ... 816006.pdf
Guest
(Expert) 08 October 2012
You can file a divorce case at anytime but in order to succeed you need to prove that cruelty has been meted to to you by your wife, which is very difficult.
For the 498A case, either defend yourself on merits in the trial court or go to HC for quashing if there is sufficient basis to prove that the FIR has been filed with a mala fide intent.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Raja
(Expert) 08 October 2012
File a case of divorce.
