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RAMESH (MANAGER)     24 July 2012

Discharge petation on 498a case based on maintanance case ju

Dear all,

My wife filled 498a on me. And based on same allegations she was filled maintenance case on me.

Presently arguments on maintenance case is going on. What will happened if her allegations are not proved in court. still court  will grant maintenance to her ( she was a master degree holder and I am bachelor degree holder).can I file discharge petition on 498a case based on maintenance case judgment (if she was unable to prove her allegations).

Exports please reply.

 

Regards,

Ramesh R  



Learning

 4 Replies

Tajobsindia (Senior Partner )     24 July 2012

1. No.
Both are on different footings.
Read last 300 messages in Family Law to understand the difference and why not to file discharge in instance facts.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 July 2012

Dear ramesh

if  the trial court give a judgement in your favour and held that there is no specific demand of dowry and any other allegation has been proved by the complainant/petitioner and this petition is baseless and dismiss, you can file an applicarion for discharge before trial court.



(Guest)

can we file for Discharge based on Juridsction of the events occured  mentioned in the chargesheet other than the place where the 498A  is filed

Sidsharth Gautam (Proprietor)     27 July 2012

Yes you can file for discharge if you know that the charges are frivolous in nature & are not based on evidence. Also it  will help in your divorce  if you get discharge. There are Delhi & Bombay HC judgements which say that false cases of 498a amount to cruelty & divorces are given on this basis. Also if your wife is more qualified then you, then she capable of earning & deserves no interim maintainance.  There are judgements for this also. Please find attached judgements for  false 498a.


Attached File : 209905576 false 498a cases are grounds for divorce..docx downloaded: 153 times

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