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prashant_raman (private)     15 June 2012

False 498a


what will happen if 498a results in findings that all boy side accused are innocent.

can she further file irretrivable marrige breakdown for divorce (as she will be getting share in property)? prima-facia i think it is not possible.


 7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 June 2012

She cannot file as of now, because this ground is not a ground for divorce as of now.


However, this is an indpendent ground, if the same is incorporated in law. She can apply for the samew.


Shonee Kapoor

prashant_raman (private)     15 June 2012

If 498a outcome is expected to come in 2-3 months.

shall i put divorce petition based on cruelty now to avoid IRMB?

ravindra (Analyst)     15 June 2012

Hi Prashant

someone is misleading you.

1) well if IRMB law comes to effect then also its in the hands of court to decide whether share should be given to girl or not.

2) Another case If u have taken property before marraige then she will not get any share in the property.

3) Third case, Girl will not have rights in your parents property. so dont worry.

U know that u and ur family are innocent then why to worry fight case on merite.


Ravindra Sonavane

prashant_raman (private)     15 June 2012

If 498a outcome is expected to come in 2-3 months.

shall i file the conter case that 498a is falsely implmented (u/s....) now

and then may be after one month a divorce petition based on cruelty to avoid IRMB from her if the law come into exsitance in future?

Lifeisgreat (None)     16 June 2012

@ ravindra under which provisions wife has no right over property purchased before marriage? Please throw light. I am in need of this information.

ravindra (Analyst)     16 June 2012

Dear Kshah... Can u show me any judgement where husbunds or parents property's share has given to WIfe??

Its all in hands of court. If they finds that husbund has realy done crualty with wife then they can alow maintanance. If Court alows right to residence to wife and if husband is ready to provide rent then court have no problems. there are lots of judgements where husbands are ready to provide rent and thats why court has not allowed wife to live in husbands property.



Ravindra Sonavane

prashant_raman (private)     06 December 2012

Hi All,

498A is running on evidence stage from last 8 months, nobody from her side has appeared till.  DV is also going on from 3 months.

In this situation can my mother/father or sister who are falsely dragged in 498A can file defamation suit against her family at this time? One lawyer was telling that defamation can be filed only after outcome of 498A; Is this correct?

I have not filed any conter casese or divorce or RCR against her untill now.

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