No maintenance because 498a is false

Mr. Udhay Krishna has strained to procure a long list of cases decided on the this subject as well as various related subjects, you may browse through them to find one to satisfy your needs.

Udaya Shankar. C (Retired) 11 April 2014

Dear Sri Kalaiselvan garu,

Thank you very much. I am a senior citizen. Our family is also victim of false 498 A case. For the last one year we are suffering a lot mentally, physically. All health and peace in the life gone. We are legally fighting our case. Case is going on. To up hold principles taught my parents, we have not taken a single rupee or one mg of gold from my DIL. family. Even then they have accused us and branded as rowdy family.

498 A fighter (Advocate) 13 April 2014

@ Udaya Shankar. C

Sir, You are not alone there are many like me sailing on the same boat thats why now time come where we have to be united and make a loud against false cases never spare such cruel ladies let this bad phase get over soon and keep in touch and share legal tacts to disprove their allegations

it is beneficial if you keep in touch with gental man Mr ESIS on this forum

hope and pray all will be settled down soon

498 A fighter (Advocate) 13 April 2014

@ Udaya Shankar. C

Sir, You are not alone there are many like me sailing on the same boat thats why now time come where we have to be united and make a loud against false cases never spare such cruel ladies let this bad phase get over soon and keep in touch and share legal tacts to disprove their allegations

it is beneficial if you keep in touch with gental man Mr ESIS on this forum

hope and pray all will be settled down soon

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com) 13 April 2014

Originally posted by : Udaya Shankar. C
	1. BOMBAY HIGH COURT 498a Mental Cruelty - Divorce under 13(1)(i-a) 2. SUPREME COURT OF INDIA Mental Cruelty 3. MADHYA PRADESH HIGH COURT: Dated 13 April, 2006 Divorce on False case, cruelty and desertion 4. MADHYA PRADESH HIGH COURT : Dated 18 January, 1996 Divorce on filling False 498a and defame 5. DELHI HIGH COURT False 498A Being The Basis For A Divorce- False complaint family arrest -ground for Divorce 6. ALLAHABAD HIGH COURT:Dated 4 February, 2003 False complaints by Wife eligible for Divorce 7. KERALA HIGH COURT: Dated 30 January 1997 Filling Many Cases Lead to Divorce 8. SUPREME COURT OF INDIA : Dated 21 February, 2007 Mental Cruelty - Divorce 9. MADHYA PRADESH HIGH COURT : Dated 28 February 2003 Cruelty and Desertion grounds for Divorce 10. MUMBAI HIGH COURT : Dated 4 April 2007 Ex-parte divorce to husband when acquitted in 498a - Bombay HC 11. MADHYA PRADESH HIGH COURT : Dated 13 April, 2006 Divorce on False case,cruelty and desertion 12. PUNJAB HARYANA HIGH COURT: Dated 4 February, 2010 6 Months waiver in divorce 13. SUPREME COURT OF INDIA : Dated 14 September 1981 Mental cruelty cannot be different in a civil case and in a criminal case 14. HIMACHAL PRADESH HIGH COURT: Dated 18 November 1996 Burden is upon the woman to establish the paternity 15. SUPREME COURT OF INDIA: Dated 5 January, 2007 Demand for Domestic Expenses is not dowry 16. MADRAS HIGH COURT: Dated 26 July, 2006 Divorce on Denial of Sex 17. MADRAS HIGH COURT: Dated 21 July, 2005 Divorce on Cruelty, Desertion and Non consummated Marriage 18. ANDHRA HIGH COURT: Dated 24 July, 2006 Divorce on impotency and Cruelty 19. MADRAS HIGH COURT: Dated 15 December, 2006 DNA test for paternity and Divorce 20. SUPREME COURT OF INDIA: Dated 2 May, 1969 Divorce on Nonconsummated Marriage 21. MADHYA PRADESH HIGH COURT : Dated 5/3/1998 False case amount in cruelty leads to Divorce 22. PUNJAB HARYANA HIGH COURT : Dated 6/10/2004 False complaints by Wife eligible for Divorce 23. PUNJAB HARYANA HIGH COURT: Dated 27-08-2009 False Cri. case 498a 125crpc;Crulty husband gets Divorce 24. SUPREME COURT OF INDIA Cruelty and Divorce 25. MUMBAI HIGH COURT Wife guilty of desertion & cruelty Bombay HC 26. MUMBAI HIGH COURT, Dissolution of the marriage on the ground of desertion and cruelty 27. SUPREME COURT OF INDIA Irretrievable Breakdown Grounds for Divorce 28. MUMBAI HIGH COURT Wild allegations against spouse is cruelty 29. MUMBAI HIGH COURT : Dated 24/3/1994 Decree for Divorce under Mental Cruelty and Dissertation 30. SUPREME COURT OF INDIA : Dated 12 May 2010 No Need to Wait for Six Months 31. SUPREME COURT OF INDIA : Dated 6 July, 2010 No Divorce for own misdeeds 32. ALLAHABAD HIGH COURT: Dated 12 July, 2010 Not read to lead conjugal life, Leads to Divorce 33. SUPREME COURT OF INDIA : Dated 1 September, 2009 6 Months waiver in divorce with SC only 34. DELHI HIGH COURT : Dated 7 January 2010 1 Year Seperation before filling Section 13B and Waiver 35. DELHI HIGH COURT : Dated 12 February 2008 Mutual divorce and 6 Month waiting Period 36. SUPREME COURT OF INDIA: Dated 4 August, 2009 Compulsion of Medical Exam in Matrimonial Dispute 37. DELHI HIGH COURT: Dated 13 December 2010 Marriage between a Hindu and non-Hindu under HMA not vaild 38. ANDHRA HIGH COURT: Dated 5 October, 2001 Audio / Video Evidence,in Dowry Harassment Divorce case 39. DELHI HIGH COURT : Dated 6 November, 1997 498A,Mutual Divorce and waiting Period 40. PUNJAB-HARYANA HIGH COURT : Dated 16 February, 2006 498A and waive of 6 Month Period in Divorce 41. DELHI HIGH COURT HC Delhi Divorce Through Power of Attorney 42. SUPREME COURT - Dated 07-06-2005 Silence in some situations may amount to cruelty 43. SUPREME COURT OF INDIA : YDated 09-07-1991 Conditions for validity of Foreign Divorce Decree (NRI) 44. MUMBAI HIGH COURT Hindu Marriage Act not applicable to NRIs 45. SUPREME COURT OF INDIA: Dated 7 November, 2008 Pregancy Aborted Divorce Granted 46. MUMBAI HIGH COURT : Dated 2008 Repeated Suicide threats amounts cruelty divorce ground 47. DELHI HIGH COURT : Dated 13 April, 2005 Waiver to get divorce within 1 year of marriage 48. SUPREME COURT OF INDIA: Dated 4 December, 2008 If a spouse is not Hindu, marriage is invalid under HMA 49. PATNA HIGH COURT: Dated 30 June, 2010 Arrest of Husband reason to irretrievably broken down Marriage 50. PUNJAB-HARYANA HIGH COURT : Dated 10/3/1989 Divorce to Husband on Cruelty 51. PATNA HIGH COURT : Dated 12 August, 2010 Arrest of Husband reason to irretrievably broken down Marriage 52. AHMEDABAD HIGH COURT : Dated 2010 Need Proofs to say Impotency of Husband 53. DELHI HIGH COURT : Dated 7 January, 2010 6 Months waiver in Mutual divorce 54. MUMBAI HIGH COURT: Dated 17 February, 2010 Divorced woman can not use ex name 55. MUMBAI HIGH COURT: Dated 23 February, 2010 6-month cool-off period Scraped 56. SUPREME COURT OF INDIA: Dated 10 February, 2010 Sodomy,Cruelty, Women Every word is True to Judge 57. DELHI HIGH COURT : Dated 20 January, 2010 Against mother who fill Children mind Against Father 58. SUPREME COURT OF INDIA : Dated 22 March, 2010 13B HMA dismissed 59. MUMBAI HIGH COURT : Dated 12 March, 2010 Wild allegations – Cruelty redifined reframed in HMA 60. SUPREME COIURT OF INDIA : Dated 20 March, 2001 Judicial Seperation is not a way to Divorce 61. MADRAS HIGH COURT: Dated 23 June, 2010 Divorce to Judical Separation 62. HIGH COURT OF UTTARAKHAND: Dated 26 August, 2010 Implicating husband in a false case amounts to cruelty 63. HIGH COURT OF UTTARAKHAND: Dated 26 August, 2010 HC granted divorce on irretrievably broken down Marriage 64. HIGH COURT OF GUJRAT: Dated 9 August, 2010 Need Proofs to say Impotency of Husband 65. HIGH COURT OF DELHI: Mrs. Dated 20 August, 2010 Cruelty – 2 or 3 incidences sufficient for Divorce 66. HIGH COURT OF DELHI: Dated 7 May, 2010 Divorce – Irretrievable breakdown of marriage u/s 13B HMA 67. HIGH COURT OF DELHI: Dated 14 July 2010 Ground of irretrievable breakdown of marriage 68. RAJASTAN HIGH COURT: Dated 29 October, 1984 Impotent, False alegations, Divorce 69. MADRAS HIGH COURT: Dated 20 November, 2007 Audio Evidence in Divorce Case 70. MADRAS HIGH COURT: Dated 19 February, 2007 Divorce on Impotency 71. MADRAS HIGH COURT:Dated 20 November, 2006 Man granted divorce on the grounds of cruelty 72. SUPREME COURT OF INDIA: Dated 10 July, 2008 Cruelty if Forced to stay together 73. DELHI HIGH COURT: Dated 19 November, 2010 What If wife intentionally committed cruelty against husband and his relatives ? 74. SUPREME COURT OF INDIA : Dated 08 September 2010 Deserting newborn can be ground for divorce 75.SUPREME COURT OF INDIA : Dated 8 October,2010 Wear and tear is not valid ground for divorce 76. UTTARANCHAL HIGH COURT: Dated 17 March, 2011 Cruel wife, Divorce and limited alimony 77. METROPOLITAN MAGISTRATE, MAHILA COURT, CENTRAL DISTRICT, DELHI: Dated 24 May 2011 Husband lost job because of complaint,maintenance denied 78. SUPREME COURT OF INDIA : Dated 13 May 2011 Indian courts can decide NRI couples disputes 79. PUNJAB HARYANA HIGH COURT : Dated 30 April 2011 Transfer petition of the Women Dismissed for flimsy grounds 80. BOMBAY HIGH COURT : Dated 06 May 2011 Bombay high court: One party can't go back on divorce terms 81. SUPREME COURT OF INDIA: Dated 18 April 2011 SC: If Wife Says "NO" Then "NO Divorce" to Husband 82. DELHI HIGH COURT : Dated 31 January 2011 Filthy Language & Filing Criminal Case = Cruelty 83. SUPREME COURT OF INDIA : Dated 04 August 2009 SC Judgement: Medical Valid to find truth of Mental Disorder 84. MADRAS HIGH COURT : Dated 09 July 2010 Wife can File Divorce Anywhere 85. MADRAS HIGH COURT : Dated 18 November 2009 Divorce : Repeated Suicide threats amounts cruelty / Ground 86. PUNJAB HARYANA HIGH COURT : Dated 07 February 1995 Threats & attempts to commit suicide & lodging false 498A is ground for divorce 87. PUNJAB HARYANA HIGH COURT : Dated 27 August, 2009 Husband gets Divorce for False Cri. Case 498a and 125 Crpc 88. DELHI HIGH COURT: Dated 13 January, 2011 Cruelty, Desertion, Divorce at 80 89. DELHI HIGH COURT: Dated 16 January, 2009 False IPC 376 - Rape Case 90. DELHI HIGH COURT: Dated 4 February, 2003 Court acquits man of rape charge, says victim unreliable 91. DELHI HIGH COURT: Dated 10 September, 2010 Caught in Extra Martial Affair, wife slapped rape case 92. SUPREME COURT OF INDIA : Dated 17 August, 2007 Consensual sx is not Rape 93. ALLAHABAD HIGH COURT : Dated 18 November, 2005 498A,Talaqnama,Divorce, and False affidavit Normal 0 false false false MicrosoftInternetExplorer4 1. BOMBAY HIGH COURT 498a Mental Cruelty - Divorce under 13(1)(i-a) 2. SUPREME COURT OF INDIA Mental Cruelty 3. MADHYA PRADESH HIGH COURT: Dated 13 April, 2006 Divorce on False case, cruelty and desertion 4. MADHYA PRADESH HIGH COURT : Dated 18 January, 1996 Divorce on filling False 498a and defame 5. DELHI HIGH COURT False 498A Being The Basis For A Divorce- False complaint family arrest -ground for Divorce 6. ALLAHABAD HIGH COURT:Dated 4 February, 2003 False complaints by Wife eligible for Divorce 7. KERALA HIGH COURT: Dated 30 January 1997 Filling Many Cases Lead to Divorce 8. SUPREME COURT OF INDIA : Dated 21 February, 2007 Mental Cruelty - Divorce 9. MADHYA PRADESH HIGH COURT : Dated 28 February 2003 Cruelty and Desertion grounds for Divorce 10. MUMBAI HIGH COURT : Dated 4 April 2007 Ex-parte divorce to husband when acquitted in 498a - Bombay HC 11. MADHYA PRADESH HIGH COURT : Dated 13 April, 2006 Divorce on False case,cruelty and desertion 12. PUNJAB HARYANA HIGH COURT: Dated 4 February, 2010 6 Months waiver in divorce 13. SUPREME COURT OF INDIA : Dated 14 September 1981 Mental cruelty cannot be different in a civil case and in a criminal case 14. HIMACHAL PRADESH HIGH COURT: Dated 18 November 1996 Burden is upon the woman to establish the paternity 15. SUPREME COURT OF INDIA: Dated 5 January, 2007 Demand for Domestic Expenses is not dowry 16. MADRAS HIGH COURT: Dated 26 July, 2006 Divorce on Denial of Sex 17. MADRAS HIGH COURT: Dated 21 July, 2005 Divorce on Cruelty, Desertion and Non consummated Marriage 18. ANDHRA HIGH COURT: Dated 24 July, 2006 Divorce on impotency and Cruelty 19. MADRAS HIGH COURT: Dated 15 December, 2006 DNA test for paternity and Divorce 20. SUPREME COURT OF INDIA: Dated 2 May, 1969 Divorce on Nonconsummated Marriage 21. MADHYA PRADESH HIGH COURT : Dated 5/3/1998 False case amount in cruelty leads to Divorce 22. PUNJAB HARYANA HIGH COURT : Dated 6/10/2004 False complaints by Wife eligible for Divorce 23. PUNJAB HARYANA HIGH COURT: Dated 27-08-2009 False Cri. case 498a 125crpc;Crulty husband gets Divorce 24. SUPREME COURT OF INDIA Cruelty and Divorce 25. MUMBAI HIGH COURT Wife guilty of desertion & cruelty Bombay HC 26. MUMBAI HIGH COURT, Dissolution of the marriage on the ground of desertion and cruelty 27. SUPREME COURT OF INDIA Irretrievable Breakdown Grounds for Divorce 28. MUMBAI HIGH COURT Wild allegations against spouse is cruelty 29. MUMBAI HIGH COURT : Dated 24/3/1994 Decree for Divorce under Mental Cruelty and Dissertation 30. SUPREME COURT OF INDIA : Dated 12 May 2010 No Need to Wait for Six Months 31. SUPREME COURT OF INDIA : Dated 6 July, 2010 No Divorce for own misdeeds 32. ALLAHABAD HIGH COURT: Dated 12 July, 2010 Not read to lead conjugal life, Leads to Divorce 33. SUPREME COURT OF INDIA : Dated 1 September, 2009 6 Months waiver in divorce with SC only 34. DELHI HIGH COURT : Dated 7 January 2010 1 Year Seperation before filling Section 13B and Waiver 35. DELHI HIGH COURT : Dated 12 February 2008 Mutual divorce and 6 Month waiting Period 36. SUPREME COURT OF INDIA: Dated 4 August, 2009 Compulsion of Medical Exam in Matrimonial Dispute 37. DELHI HIGH COURT: Dated 13 December 2010 Marriage between a Hindu and non-Hindu under HMA not vaild 38. ANDHRA HIGH COURT: Dated 5 October, 2001 Audio / Video Evidence,in Dowry Harassment Divorce case 39. DELHI HIGH COURT : Dated 6 November, 1997 498A,Mutual Divorce and waiting Period 40. PUNJAB-HARYANA HIGH COURT : Dated 16 February, 2006 498A and waive of 6 Month Period in Divorce 41. DELHI HIGH COURT HC Delhi Divorce Through Power of Attorney 42. SUPREME COURT - Dated 07-06-2005 Silence in some situations may amount to cruelty 43. SUPREME COURT OF INDIA : YDated 09-07-1991 Conditions for validity of Foreign Divorce Decree (NRI) 44. MUMBAI HIGH COURT Hindu Marriage Act not applicable to NRIs 45. SUPREME COURT OF INDIA: Dated 7 November, 2008 Pregancy Aborted Divorce Granted 46. MUMBAI HIGH COURT : Dated 2008 Repeated Suicide threats amounts cruelty divorce ground 47. DELHI HIGH COURT : Dated 13 April, 2005 Waiver to get divorce within 1 year of marriage 48. SUPREME COURT OF INDIA: Dated 4 December, 2008 If a spouse is not Hindu, marriage is invalid under HMA 49. PATNA HIGH COURT: Dated 30 June, 2010 Arrest of Husband reason to irretrievably broken down Marriage 50. PUNJAB-HARYANA HIGH COURT : Dated 10/3/1989 Divorce to Husband on Cruelty 51. PATNA HIGH COURT : Dated 12 August, 2010 Arrest of Husband reason to irretrievably broken down Marriage 52. AHMEDABAD HIGH COURT : Dated 2010 Need Proofs to say Impotency of Husband 53. DELHI HIGH COURT : Dated 7 January, 2010 6 Months waiver in Mutual divorce 54. MUMBAI HIGH COURT: Dated 17 February, 2010 Divorced woman can not use ex name 55. MUMBAI HIGH COURT: Dated 23 February, 2010 6-month cool-off period Scraped 56. SUPREME COURT OF INDIA: Dated 10 February, 2010 Sodomy,Cruelty, Women Every word is True to Judge 57. DELHI HIGH COURT : Dated 20 January, 2010 Against mother who fill Children mind Against Father 58. SUPREME COURT OF INDIA : Dated 22 March, 2010 13B HMA dismissed 59. MUMBAI HIGH COURT : Dated 12 March, 2010 Wild allegations – Cruelty redifined reframed in HMA 60. SUPREME COIURT OF INDIA : Dated 20 March, 2001 Judicial Seperation is not a way to Divorce 61. MADRAS HIGH COURT: Dated 23 June, 2010 Divorce to Judical Separation 62. HIGH COURT OF UTTARAKHAND: Dated 26 August, 2010 Implicating husband in a false case amounts to cruelty 63. HIGH COURT OF UTTARAKHAND: Dated 26 August, 2010 HC granted divorce on irretrievably broken down Marriage 64. HIGH COURT OF GUJRAT: Dated 9 August, 2010 Need Proofs to say Impotency of Husband 65. HIGH COURT OF DELHI: Mrs. Dated 20 August, 2010 Cruelty – 2 or 3 incidences sufficient for Divorce 66. HIGH COURT OF DELHI: Dated 7 May, 2010 Divorce – Irretrievable breakdown of marriage u/s 13B HMA 67. HIGH COURT OF DELHI: Dated 14 July 2010 Ground of irretrievable breakdown of marriage 68. RAJASTAN HIGH COURT: Dated 29 October, 1984 Impotent, False alegations, Divorce 69. MADRAS HIGH COURT: Dated 20 November, 2007 Audio Evidence in Divorce Case 70. MADRAS HIGH COURT: Dated 19 February, 2007 Divorce on Impotency 71. MADRAS HIGH COURT:Dated 20 November, 2006 Man granted divorce on the grounds of cruelty 72. SUPREME COURT OF INDIA: Dated 10 July, 2008 Cruelty if Forced to stay together 73. DELHI HIGH COURT: Dated 19 November, 2010 What If wife intentionally committed cruelty against husband and his relatives ? 74. SUPREME COURT OF INDIA : Dated 08 September 2010 Deserting newborn can be ground for divorce 75.SUPREME COURT OF INDIA : Dated 8 October,2010 Wear and tear is not valid ground for divorce 76. UTTARANCHAL HIGH COURT: Dated 17 March, 2011 Cruel wife, Divorce and limited alimony 77. METROPOLITAN MAGISTRATE, MAHILA COURT, CENTRAL DISTRICT, DELHI: Dated 24 May 2011 Husband lost job because of complaint,maintenance denied 78. SUPREME COURT OF INDIA : Dated 13 May 2011 Indian courts can decide NRI couples disputes 79. PUNJAB HARYANA HIGH COURT : Dated 30 April 2011 Transfer petition of the Women Dismissed for flimsy grounds 80. BOMBAY HIGH COURT : Dated 06 May 2011 Bombay high court: One party can't go back on divorce terms 81. SUPREME COURT OF INDIA: Dated 18 April 2011 SC: If Wife Says "NO" Then "NO Divorce" to Husband 82. DELHI HIGH COURT : Dated 31 January 2011 Filthy Language & Filing Criminal Case = Cruelty 83. SUPREME COURT OF INDIA : Dated 04 August 2009 SC Judgement: Medical Valid to find truth of Mental Disorder 84. MADRAS HIGH COURT : Dated 09 July 2010 Wife can File Divorce Anywhere 85. MADRAS HIGH COURT : Dated 18 November 2009 Divorce : Repeated Suicide threats amounts cruelty / Ground 86. PUNJAB HARYANA HIGH COURT : Dated 07 February 1995 Threats & attempts to commit suicide & lodging false 498A is ground for divorce 87. PUNJAB HARYANA HIGH COURT : Dated 27 August, 2009 Husband gets Divorce for False Cri. Case 498a and 125 Crpc 88. DELHI HIGH COURT: Dated 13 January, 2011 Cruelty, Desertion, Divorce at 80 89. DELHI HIGH COURT: Dated 16 January, 2009 False IPC 376 - Rape Case 90. DELHI HIGH COURT: Dated 4 February, 2003 Court acquits man of rape charge, says victim unreliable 91. DELHI HIGH COURT: Dated 10 September, 2010 Caught in Extra Martial Affair, wife slapped rape case 92. SUPREME COURT OF INDIA : Dated 17 August, 2007 Consensual sx is not Rape 93. ALLAHABAD HIGH COURT : Dated 18 November, 2005 498A,Talaqnama,Divorce, and False affidavit Every case has a separate story and it can not be presumed that 498 a spouse can not be granted maintenance.

Girish (Senior Manager Operations) 13 April 2014

Even in my case Police (IO & Public prosecutor) has submitted Summary report for 498 case as a False case. Metropolitan magistrate is delaying without any good cause. Last hearing he passed an order of Interim Maintenance Monthly Rs.20,000/- to my wife. I told him then & there 'This is injustice & I will appeal against the order in the next court.' My lawyer is an experienced one but he also delaying things.

I have obtained the copies if the statements given by my wife to Police before filing FIR or DV that 1) She left her matrimonial house at her own will 2) Husband is asking her to return but she is not returning 3) Nothing was mentioned in that statement about any violence / ill treatment. 4) She has also admitted in the same statement that she never stayed with my parents.

Further, I have enough proof to prove that she was not neglected & even when she was staying away I paid her money (which she extorted from me by threats of 498 & DV) based on her demand.

Thus, there is no ground for "Desertion" i.e. Cruelty (498a = False case), Neglect (I paid money & provided Bank Statements for the same) and Abandonment = (She left matrimonial home at her own will without any strong reason/cruelty/desertion)

Question -

1) For filing an appeal against the Interim Order passed in DV case how much time I will get? 30 days from the date of order? or More time?

2) My wife has filed even Divorce case under 13(1) with false allegations. I have to submit my written say now. Can I ask for more time to submit written say? Will that be granted? "Reason = I am changing my lawyer"

3) Even knowing that 498a is been Classified and summary report is pending before the same magistrate for approval this fellow has passed Interim Maintenance Order in a hurry. I am unsure whether he looked at all the details/facts submitted. Is this a usual thing ? Metropolitan Magistrate push matters to Sessions / High Court just like this? Is this professional?

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