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Wife Filing 498A, DV and still willing to live?

(Querist) 27 October 2009 This query is : Resolved 
Wife has filed 498A and DV and in reply to divorce petition, she puts all the counter allegations of cruelty and states that she is still willing to live with her husband. Isn't it conradictory stand on part of wife as 498A is cruelty is of such an extent that wife can't be expected to live with her husband. Is such a desire of the wife genuine?

Husband has filed divorce based on cruelty and desertion and he has disproved the allegations made by wife in 498A and DV.
Adv Archana Deshmukh (Expert) 27 October 2009
If the husband has disproved all the allegations of cruelty in the s.498A, DV proceedings then, he can get divorce on the ground of cruelty. Bcoz making wild and false allegations on husband and in- laws is held as cruelty to the husband.
Raj Kumar Makkad (Expert) 27 October 2009
I find difficulty in accepting the version of Archna. Mere bald denial is not sufficient to disapprove the allegations of cruelty on the part of husband. If husband has been exonerated from the charges of FIR, only then it can be termed that a cruelty has been made with him by his wife otherwise every accused say that I never committed and it is the wife who is responsible for all the disputes.
Adv Archana Deshmukh (Expert) 27 October 2009
Sir I did not refer to mere denial. I know every accused says 'this is false, I never did this'. I meant to say, If the husband have DISPROVED charges or when the charges are DISPROVED against him, i.e. when he is acquitted in the cases, he can get divorce easily on the ground of cruelty. Mr legal fighter said "he has disproved the allegations made by wife in 498A and DV". so, that would mean the CHARGES ARE PROVED TO BE FALSE AGAINST HIM. And I replied in that context.
niranjan (Expert) 27 October 2009
I understand that both the cases are still pending and not decided.The author seems to have meant Denial. But his real question is whether wife can take both the stands viz .of 498A and staying togather ?I think her such stand would go against her.
Adv Archana Deshmukh (Expert) 27 October 2009
She can say anything. This should go against her. The husband can make a case that, as she is still willing to live with him, there was no cruelty at all. However everything depends upon the facts of case and what happens during the trial.
Suhail suhail (Expert) 28 October 2009
Well i think Archna has placed rightly the reply,as the mention of legal fighter that husband "has disproved the allegations" and filed a divorce petition,i think the reply to query made by legal fighter is clearified by Archna.I agree with her.
Legal Fighter (Querist) 28 October 2009
it is right that both the cases are still pending alongwith some other litigations. The husband has proofs to counter most the allegations levelled by the wife in 498A and DV. Those allegations have been repeated by the wife in reply to the divorce petition also.

The police has removed the names of husband's parents and other relatives from the chargesheet. I think this is also a good ground for cruelty.

Husband is banging upon that if he has committed cruelty of the extent of 498A and DV, then why is she still willing to live with him.
Theja (Expert) 28 October 2009
I go with Archana. The husband may get divorce on that ground as the documents available apparently show tht the husband can not be made liable of being cruel to his wife.
yogesh (Expert) 28 October 2009
If wife has filed the counter allegations in reply then divorce cannot be made by mutual consent and its the onus of the husband to prove that all the allegations are malafide If he is unsuccessful then there may be severe repercussions as the offence is non bailable in nature
If he succeds then it is suuficient to get the divorce on this plea that filing fake FIR alo amounts to cruelty

BUT HERE THE LAW IS IN THE FAVOUR OF WOMAN

Debates are there that its a terror law but the legislation is not only restraine to people living in metros
mmn (Expert) 29 October 2009
staying with the husband is the legal right of a wife until she is divorced. even the dv act refers about the relief of shared household. merely by making such complaints it cannot be said that the wife is estopped from making a prayer to live together. otherwise where will the wife go? she will come on the roads.
Legal Fighter (Querist) 31 October 2009
dear sir, the wife has legal right to seek maintenace. it is not that if she is harassed, she has to live with her husband. When she is prosecuting her husband, how can her desire to live with that person be genuine? It is a different matter if she seeks seperate residence or maintenace.


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