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Tanmayee Salekar (Law Graduate)     04 September 2008

Can Husband take Divorce When Wife Launched False Complaint ?

Hello please advice.........

A husband aged 29 yrs and a wife aged 24 yrs get married before 5 months ago. After 3 months she left her matrimonial home without any reason and without informing to anyone at home, after few days she launched a false complaint of dowery, mental and physical harrassment. Wife doesnt bring any jewellery and her belongings with her at the time of marriage, all jewellery given by husband but by launching a complaint of Art. 498(A) she offered all her jewellery and belongings and husband's parents had surrender all her belongings even which are not her. Now she get ready to do second marriage. Please advice whether husband should take the initiative for the Divorce and would he able to get her jewellery back as this could not be the "Stridhan". Please advice

Thanx in advance   


 9 Replies

Dinkar Vidyarthi (Advocate)     04 September 2008


 as per your wording the wife already filed the complaint under section 498A of IPC. so as per my qurry the same is still operative? and if so then you first take step U/s 9 for the restitution of conjugal Rigts. and then according to factual conditions of the both side proccedings go to the petition for Divorce.

now you asked that she already take back his property. so if the same is done in writting then you applied for judicial speration and then for Divorce or for Divorce by mutual consent of both the parties

Guest (n/a)     04 September 2008




I do agree with Mr. Dinkar Vidhyarthi.

kumar sachin (lawyer)     04 September 2008

devorce can be filed after expiry of one year from the date of marriage


ARVIND KUMAR (LAWYER)     04 September 2008

Yes, husband can take divorce.

Rajesh Kumar (Advocate)     06 September 2008

Actually a party is entitled to take divorce if he is able to prove adultery, insanity, cruelty etc. Unfortunately men attempt to prove in the divorce proceeding adultery, which is almost impossible to prove, without assistace of pre proceeding detective agency.

Cruelty is something very easy to prove, which women try with good success. Men can also try to take divorce on this ground. All that is needed a few unimpeachable statements, may be recorded statements etc.

-wife refuse to live with husband parents, it is cruelty.

-wife refuses to bear child- it is crulety.

-wife assault/insult the husband, his parents, it is crulety.

-wife comments on insufficient income of husband- crulety.

-wife threated the husband and his family to file false case- cruelty.

-wife forces the husband to buy property in her name- crulety.

These instances are easy to prove, and with some details and sound argument a husband can establish that these are cruelty. Wives has been able to establish cruelty on such ground even in criminal cases. If such cases are cruelty even in criminal law, there is no way a civil court can say that these are not cruelty.

The mere fact that your wife has filed a case against you under Section 498A is no bar of yours filing divorce proceeding. These are independent proceeding and still you can go ahead.


natarajan (advocate)     16 September 2008

filing a false case against you it self a cruelty therefore you can file a petion for divorce under section 13(1)(i-a)  of HINDU MARRIAGE ACT

Kamlesh soni (advocate)     01 November 2008

I apply for passport to the passport office in2004 but still I haven't passport. the office says that they already despetched passport on 7-7-04. our responsibility is over.but still 1-11-08 i don't get. I want to take legal action against the passport office. how? please advise me the proper ways


I do agree with my all friends.


Mrs. Hetal Sunil Shah (Advocate)     22 November 2008

Merely filing a complaint under IPC 498/A does not mean that you can be punished under IPC only for complaint. For all IPC complaints it is imperative for complaintants to prove his/her complaint before the Hon'ble Court. Prepare for oral evidence and produce before Hon'ble Court depositing that at the time when she left there was no any such atmospher in the family and witnesses furtehr should depose that your life was very happy and there was no quarrels or any dispute. Institute matter under Sec/ 9 for conjugal rights. And make an effort to prove that the complaint under IPC 498A is false and no proofs have been provided which are beyond doubts for her complaints. Also make a plea to Hon'ble Court to dismiss her complaint. If necessary submit Affidavits of all near relatives, neighbours to her false testomoney and also convey the court that under false pritext she wants to pressure you for all her malafide purpose and therefore she had filed this complaint. Rest of things have been suggested by many our learned friends. Engage local lawyer and challenge her complaint before Criminal Court.

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