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dirdzReddy (Software engineer)     03 July 2010

maintenence after wife files false 498a

Hello All,

Can a wife claim maintenance if she files a false 498a . Even after being proved in court that 498a is false.

Please suggest

Thanks



Learning

 8 Replies

Arvind Singh Chauhan (advocate)     03 July 2010

Yes she can file but may loose the case.

Uma parameswaran (lawyer)     03 July 2010

498a is not barred wife from claiming maintenance.

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 July 2010

Both are separate proceedings.

Dont mingle with each other.

Maintenance is a thing, you should provide your wife

Complaint is made by her and you need to contest the case

dirdzReddy (Software engineer)     03 July 2010

But even if 498a is proved false. What are the chances to contest the case and provide her with no maintenance.

Can there be a clause because of cruelty due to the false 498a, wife should not be given maintenance.

 

Please suggest.

Arvind Singh Chauhan (advocate)     03 July 2010

If she is has shown cruelty as a reason,  to left her mtrimonial home , in the matter of maintenance. She has no sufficient reason to leave her matrimonial home and not entitled to maintenance, beacuse her allegation has been proved false.

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 July 2010

to prove that she is well off with her income and need to produce evidence to that effect

pankaj gupta (self)     04 July 2010

It may only be one of your ground to contest the case of maintenance but it is not a settled law,

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 July 2010

Yes she can file a case for maitenance.


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