Divorce, no 498a in chargesheet
498A
(Querist) 25 July 2012
This query is : Resolved
Hi, my wife filed false 498a against me and my family. In the chargesheet police has not mentioned 498a but only 3/4 dpa and 504. The police has also dropped all my family members except me. Can i file for divorce stating that the police has not found anything regarding the 498a and , hence cruelty. Pese let me know.
Devajyoti Barman
(Expert) 25 July 2012
You can apply for divorce anyway on the ground of cruelty.
This alone is not the only ground on the basis of which you can get divorce.
Adv.R.P.Chugh
(Expert) 25 July 2012
If you have been exonerated of cruelty charges (498A) then in that situation it is a ground for divorce, false or reckless levelling of heinous criminal charges is torture and mental cruelty of the highest order.
However do remember that the court is not bound by the conclusions reached by the IO. The Court can always proceed to take cognizance even on 498A, or after your wife files a protest petition.
ajay sethi
(Expert) 25 July 2012
number of judgements that where false 498 A case has been filed it amounts to cruelty .
IN 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.
ORAL JUDGMENT: (Per Deshpande, J.)
5)We fail to understand the logic behind the reasoning adopted by
the family court to hold that a singular complaint of this nature
under section 498A of IPC resulting in arrest and detention of the
family members and relatives thereby causing utmost
embarrassment, humiliation and suffering does not constitute
mental cruelty. It is illogical that more than one complaint are
necessary to be filed to constitute mental cruelty. In our view,
embarrassment, humiliation and suffering that is caused on account
of arrest and detention of appellant and his family members and
relatives in a false case does constitute mental cruelty to enable the
husband to seek decree of divorce on this sole ground. In our
considered opinion, the approach of the family court is wholly
perverse and the reasoning cannot be sustained in law.
Nadeem Qureshi
(Expert) 25 July 2012
Dear Querist
it comes under cruelty and you have right to file a divorce petition before the court, if you think that there is no option to live together.
Feel free to call
498A
(Querist) 26 July 2012
Dear Experts. Thanks you so much for your guidance. But Mr Sethi, none from my family was arrested and neither was I. But the judgement that u have attached says the "embarrassment, humiliation and suffering that is caused on account
of arrest and detention of appellant and his family members and
relatives in a false case does constitute mental cruelty to enable the
husband to seek decree of divorce on this sole ground". So i want to ask is getting arrested neccessary for teh clause of cruelty to be applied or just a false case being filed is enough??
498A
(Querist) 26 July 2012
And yes, my dear experts, i forgot to mention that it has been 4 years since I and mife have seperated.
Could you please throw some more light in the view of new info. I am sorry, i missed mentioning it before. As teh some experts have said that cruelty i snot the sole ground i cold seek divorce on, can this be added as a ground??
THanks in advance.
ajay sethi
(Expert) 26 July 2012
false case is sufficent .the fact that false allegations have been made should help you in your case . in addtion the fact that your wife has deserted you more than 4 years back should help you .
contact a local lawyer . file for divorce o grounds of desertion , cruelty
498A
(Querist) 26 July 2012
Ajay Sir, i left the house as she had consumed poison!! for which i have no proof. Only a priscription of a psychiatrist with only 1 medicine mentioned on it. I think its to reduce anger in a human being. So, i dont think Desrtion wil apply. I am only going by the dictionorial meaning of it, i dont know law. This should be my last question, please respond, so that i could go after it full cylinders blowing.
I am really thankful to you for taking out time.
498A
(Querist) 27 July 2012
Someone please let me know, Ajay sir has lost interest.haha, Just joking, he must be busy!!
Sombody also tried to chat with me so, please send a mail if i am not available here. My id is 498ajacked@gmail.com.
ajay sethi
(Expert) 27 July 2012
it is better you consult a local lawyer . you keep on adding new facts to the case . have a detailed confernce with a lawyer then decide .
498A
(Querist) 27 July 2012
and experts, that means taht my family members can also file Defamation against my wife??? as my family memebers have been exonerated from all of the allegations? Just asking.
498A
(Querist) 27 July 2012
Ya,Mr Ajay, will do. i dont understand y r you guys so easily irritated? :). how do you handle the opposition when the cases suddenly take a new turn when just a simple addition of a fact makes you lose ur temper. Just wondering!! anyway, thanks for all your times and expert advices. I ll contact a local lawyer. Bye. :)
