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ragz hyder (PM)     10 August 2013

False 498a

Among the numerous acts of cruelty meted out by wife, a recent addition was the filing of 498A case. 

once proved false, can that be taken as a ground for dvicorce along with others as acts of cruelty?



 9 Replies

Jayendra Sevada (Advocate)     10 August 2013

look we need to scrutinize the judgment, the findings.. then only we can suggest you anything.

amit sharma (service)     10 August 2013

Govt of india proposed a marriage amendment bill that will harm all males and husbands . 

Bill harms parents of men for sin of being parents and saving for their retirement

This bill proposes that wives can divorce one 
sided after three years and will take away half property of Male 
husband. 
Men will not get any such right so even if wife is richer she takes away the money.

She can stake to  Even your parents' property as law covers property that is inheritable . Where will they go ?

We will be left ...with no choice , yes men will not get 
similar treatment.They will lose all they haVE . Please help in stopping this daylight dacoity .

If you don't believe this may impact you , look around every fourth wiproite knows someone or other going through  a divorce

Please vote below Please join this campaign on :

https://www.change.org/en-IN/petitions/save-indian-marriages-stop-the-law-on-marriage-amendment-bill-from-gifting-all-male-property-to-females?share_id=ylNyBesvWi&utm_campaign=mailto_link&utm_medium=email&utm_source=share_petition

I
request you to also send this link to friends to  help us spread the message quickly

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Step 1) Go to this link

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If you want you can add your comments there as well


(Guest)
Originally posted by : ragz hyder

Among the numerous acts of cruelty meted out by wife, a recent addition was the filing of 498A case. 

once proved false, can that be taken as a ground for dvicorce along with others as acts of cruelty?

Yep.................... On the contrary you should send her a big archies card saying Thank You my dear for filing another false case on me and my parents, like this you have made my divorce getting easier !!  This is her last resort, all arrows spears over now from her side.  Just sit back and relaxx now.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 August 2013

it comes under crulety

ragz hyder (PM)     13 August 2013

She has cooked up marital rape as well in that saying that s*x which was denied in the first place in honymoon was not consensual. We did consummate the marriage later on and I have emails proving it was consensual...she missing me her virginity etc etc.

bharat (owner)     13 August 2013

i want a solution from a lawyer who knows muslim laws.. my brother got married in 2010 according to muslim tradition. after marriage my sister in law stayed here

for 1 week and left to thier parents to stay for 4 weeks,..after she had returned from her parents started to fight with my brother to stay seprately,,,bt my brother did nt agree so she started  a fight and ask her parents to come to our house, after discussion she  started to live at her parents house.. and we stopped contacting her..one important thing we have not taken a single pie from them during marriage..my brother used to go to their parents house bt she is not happy with dat aslo ..

now after 3 years she filed 498a against our family ..in this regard pls suggest me what to do

 

dr.pawan rajyan (member and secretory)     18 August 2013

yes it is cruleity  and basis of divorce

NiceGuy (AP)     19 August 2013

Hello Helping hand,

                             I salute your online clarifications.. As you answered this man, I have a specific query that when wife filed a false case and later wen husband is fighting divorce with the false case also as a point for cruelty , the burden is for the husband to prove it as a false case or for the wife to prove it true??


(Guest)
Originally posted by : NiceGuy

Hello Helping hand,

                             I salute your online clarifications.. As you answered this man, I have a specific query that when wife filed a false case and later wen husband is fighting divorce with the false case also as a point for cruelty , the burden is for the husband to prove it as a false case or for the wife to prove it true??

Any case until proved false you cannot call it as cruelty, but given the time what civll cases like divorce case takes, you can as well add a rejoinder to divorce petition stating that your wife has filed a false case and is metting out mental cruelty.


By the time your divorce case comes for evidence, your DV case results would have been out, even if not, keep asking for some more dates.  But once you put it in writing that your wife has filed a DV case etc in the interim, then family court itself will wait for such results to be anounced that of DV case.


Hope you got what I said.


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