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ravindra (Analyst)     19 December 2011

False 498a

Hi All

1) in FIR, Chargesheet and in DV case my wife has said i and my brother came to
her house on 30-May-2011 and demanded 8 lkh dowry to her mother and also
threthen her if not given u have to pay for this. My MIL is govt empoloyee and
on 30 May it was monday and my MIL was in office. I have her attendence sheet.

2) in FIR, Chargesheet and in DV case my wife has said that on 11-Apr-2011 she
has made complaint against me and my family for dowry harrasment near my
residence police station. But actually my father has registered a complaint
against her brother and her other relative. I made one RTI to near my residend
police station saying is any complaint registered by my wife or any NC the reply
come no.

Now My question is this two points are valid for divorce?


Ravindra Sonavane


 5 Replies

kusum gupta (prop.)     19 December 2011

no these are not valid but your divorce petition can be prepoared and you can get divorce.


kusum gupta advocate


1 Like

adv. rajeev ( rajoo ) (practicing advocate)     19 December 2011

No these are not the valid grounds for the divorce.
1 Like

ravindra (Analyst)     19 December 2011

Hi So how can i use this evidence.


ravindra sonavane

Krishna (Professional)     19 December 2011

These will qualify as grounds of cruelty. There are numerous decisions of the Supreme Court - false threat of legal actions, police actions, false claims, etc will qualify as cruelty.

To make your case strong, you may prefer to keep quite and allow them commit some more harassments against you, accumulate proofs for these (documentary or witness) and proceed when enough proof created.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 December 2011

These are not sufficient grounds for divorce.


1. She has not specified what time you visited on the alleged date. It may be after her mother's return from office.


2. The police may not have filed the NC, which the police is notorious of doing so.


And anyways if you base your divorce case on such weak grounds, it would be rejected.


Shonee Kapoor

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