(Guest)

Defense of 498a: a new thought

if we prove that the wife is insane , will that be a defense of 498A?

the story is: wife is insane. i don't know that before marriage but comes to know after marriage. now she due to her insanity makes such a false dowry claim. all those fight is a result of her insanity. i have not forced her for dowry.

will this story work?

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7 Replies

Saurabh..V (Law Consultant) 29 May 2012

@author

You have to understand the difference between "Legal Insanity" & "Medical Insanity". If you can prove in court that the wife is "Legally Insane" then you can take divorce on the ground of "FRAUD" and the marriage would be called void ab initio.

//peace

/Saurabh..V

Avnish Kaur (Consultant) 29 May 2012

ANY MEDICAL PROOFS?

Rajeev Kumar (Lawyer/Advocate) 29 May 2012

Dear it is not so easy to prove legal insainity. As soon as you take this defense the court will send her to medical board of doctor for examination.

bhima balla (none) 29 May 2012

This whole affair of men trying all sorts of things, is due to them trying to live a life, as much as possible, wading through the corrupt system and nefarious laws. It is really sad that decent people have to do all these, even against their wish and dignity ,to save themselves. The country is so corrupt and inept that no one can live decently! It is a shame!!