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Parvez Ansari (None)     11 March 2015

498a acquital and maintenance

My bro wife had filed 498A, 125 in Family court and DV case.

He got to pay a maintenance of 5000/- pm 2 years back which he is paying. Last year he filed 127 to reduce the maintenance which got rejected recently. He is planning to file appeal in high court.

He got acquittal in 498A few months back.

1) Can the judgement of acquittal can be used as a ground in high court for cancelling her maintenance. ?

2) In case maintenance gets cancelled or reduced, can he get back the maintenance amount that he already paid to her ?

3) Can he file some case for getting compensation against his wife for false case of 498A?

Please help with your advice.



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 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     12 March 2015

498 A has nothing to do with Section 125 crpc,both  are different cases. Acquittal in 498A would have been due to merits from his side. Hence regarding maintenance he has to act as per the orders of the court

saravanan s (legal advisor)     12 March 2015

if he wants to file some case against false accustaions in 498a

1.he can file divorce on the grounds of cruelty u/s 13a hma as he had been falsely accused under 498a

2.can file defamation case u/s 499 ipc

MUKUND KUMAR (Lawyer)     12 March 2015

1. No 2. No 3. No (condtional)

T. Kalaiselvan, Advocate (Advocate)     14 March 2015

The answer to your queries are : 1)No 2)No 3)If the imputations or defamatory contents are evident in the acquittal, you may file defamation case.

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