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chandra mohan (retired)     18 June 2014

Complaint under 498a

In case, a dispute moved by a groom, is pending in Mediation Centre for compromise and the wife has placed on record demand of a compromise amount/goods etc. before the Presiding Officer, whether still she can move a complaint under 498A, despite fact that no complaint about any harresment or demand of any dowry was made while moving the demand of money/goods from groom's family. 

If so, what will be the status of such complaint, whether groom's family can claim that the complaint is false just to put them under pressure for payment of demanded money.

2. What is the status of such a marriage where the wife did not allow her husband to make s*xual relation with her, as she was having pre-marriage relations with someone else (disclosed herself in her diary) and after six month's moved to her parental house without any reason.



 2 Replies

Laxmi Kant Joshi (Advocate )     18 June 2014

1. Mohan give all relevant proof to

Laxmi Kant Joshi (Advocate )     18 June 2014

Mohan give all relevant proof of your innocence to the presiding officer of the caw cell and convince her / him that your wife had filed false case against you with her malafide intention towards you , if the presiding officer will convince with your proof then he /she will send back your file with recommendation that it is a false complaint and dismiss her complaint , don't submit any original document in the caw cell if they ask then submit photocopy only . 2. The status of such marriage where wife delebrately refuses for s*x and continues it and the marriage didn't consummated then the husband can file to voidable his marriage u/s 12 of hindu marriage act in the family court , if marriage is consummated but later that she is refusing then its a cruelty upon husband and on this ground the husband can file divorce u/s 13(1)(i-a) of hindu marriage act in the family court.

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