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fighting back (exec)     20 July 2013

Does dv have same weightage of 'mental cruelty' as 498a

Hi friends

Just wanted to know, i have read numerous articles and posts in the forum, that once 498 is filed, and if it is proved false, then it is considered as mental cruelty for husband, and then divorce is garunteed.

i wanted to know if Domestic voilence has the same effect as in case of 498A? if the DV case is proved false or dismissed, then will the husband be given divorce as it has caused mental cruelty to him? in other words, will it have the same 'garuntee' of divorce as in case of 498a being proved false..

 

thanks and awaiting your kind replies



Learning

 10 Replies

dhruv (other)     20 July 2013

I have this question too though not finalised on how I would proceed after dv case is dismissed/proved false.

Adv Archana Deshmukh (Practicing Advocate)     20 July 2013

It would depend upon the facts and wordings of the judgment to ascertain whether it can be treated as mental cruelty to the husband. Generally speaking it can be treated as one of the instance of cruelty to the husband. However, both things cannot be equated but depending upon facts may be treated as cruelty.

1 Like

(Guest)
Originally posted by : fighting back

Hi friends

Just wanted to know, i have read numerous articles and posts in the forum, that once 498 is filed, and if it is proved false, then it is considered as mental cruelty for husband, and then divorce is garunteed.

i wanted to know if Domestic voilence has the same effect as in case of 498A? if the DV case is proved false or dismissed, then will the husband be given divorce as it has caused mental cruelty to him? in other words, will it have the same 'garuntee' of divorce as in case of 498a being proved false..

 

thanks and awaiting your kind replies

Yes.  Any false case filed against husband amounts to mental cruelty, and on that basis divorce will be definitely given.


See attached judgments.


Attached File : 111322606 sc jud 498.doc, 111322606 dvc cruelty delhi highcourt.doc downloaded: 314 times
1 Like

(Guest)

Thought I'd elaborate a little on this.


For eg:


Wife put false case under DV act 2005.

Allegations:

1.  He beat me.

2.  He asked me to bring dowry.

3.  He is drunkard.

4.  He mixed poison in my food and gave to me.

5.  He did not give food to me.

6.  He kept me locked in a room and never let me speak to my parents or the outer world.

7.  He took away my mobile phone.

8.  He has extra matrimonial affair.

9.  He is a nymphomaniac, beats me with belt while having s*x.

10.  He visits brothels, he brings prostitutes to house.

etc etc.


For each allegation made she has to provide concrete evidence, documents,  Such as Medical Report from government doctor or CMO, a complaint against you if you have beaten her, asked her to bring dowry blah blah etc.

Without any evidence, documents, the case wont stand, even if the Magistrate orders u/s 23 of the act which is exparte orders, such should be taken to appeal court [sessions court] where such orders will be set aside and finally the Magistrate has to take into consideration both stories, yours and hers and pass on final order.  Even there if the Magistrate gives a one-sided order favoring your wife, still you can approach the Honorable Sessions Court and ask them to look into the matter.  


IF they find out that all allegations are baseless and do not have any supporting evidence to such allegations made, they will dismiss such DV plea.


And it should be clearly written in such order from Sessions Court that the petitioner has made allegations and was unable to prove them.  Then such order will help you get divorce easily.


Further, you can also file prejury case against your wife for filing false cases against you.  If the case is well built and put up, she will be imprisoned for a good 5 years for lying under oath!

1 Like

dhruv (other)     21 July 2013

@Helping hand, if what you say is true then I am a very happy man today. It sounds too easy because in my case all charges are baseless and fabricated.

Is this so easy cause in DV case there is no threat of police arrest either.

dv (ghvhb)     21 July 2013

Great tips.... How do we go about filing perjury....

fighting back (exec)     21 July 2013

@helping hand............you say that she has provide docments and evidence....ok fine.

but what about 'parrotted' witnesses.

they will always sing the song which the wife wants to hear in front of the judge. wont that have any effect on the case.

bogus witnesses who will give give bogus eye witness account that ' the cruel husband has demanded truck loads of dowry in front of our very eyes!!!" 

then what will you do in such bogus witness cases, they are very easy to create and manipulate the case, and well tutored by the opposite lawyer.

even in cross examinations, they are rarely defeated, as excellent tutoring is done by the opposite lawyer as to what possible questions might be ask by the husbands lawyer. then what would you do?


(Guest)
Originally posted by : dv
Great tips....
How do we go about filing perjury....

Take certified copy from magistrate court of deposition by your lovely wife, use it in prejury case, nail her!

Deposition copy is the most important document to show that she has lied under oath. NAIL HER !


(Guest)
Originally posted by : dhruv

@Helping hand, if what you say is true then I am a very happy man today. It sounds too easy because in my case all charges are baseless and fabricated.

Is this so easy cause in DV case there is no threat of police arrest either.

Yes my dear brother, its a blessing in disguise when wife files a false Domestic violence case against the husband and his parents and other family members.  It shows the cruel intentions of your lovely wife, making false allegations, making baseless  allegations which have no head or tail, who would want to continue with such a person living with her, staying married to her?  

Making allegations, false allegations that your mom beat me while you were away at work etc all are okay, but here your wife has not complained to you, but to the court under PWDVA 2005, warrant will be issued for non-complaiance, [thanks to exparte orders u/s 23] if you are not caught, then NBW, police will roam to your house as if you are a dreaded criminal with warrant or NBW in hand, until you secure yourself by going to sessions court or HC.  All this is grave trouble that she ie your wife has caused to you.  If you have done something wrong, ok, that you have to undergo all this circus/torture, but without no fault of yours, if your wife has filed a DV case against you, then divorce will definitely be awarded in  Family Court.

Only thing you have to take care is your Advocate, he has to be very quick in speeding the process of DV case, earlier the DV case gets over, earlier you will get divorce.


(Guest)

I know that all the husbands who are facing false DV case will be having blood tears.


But you should also be thankful to your wife that she has put a false DV case on you, as that is the reason you will get divorce easily !!


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