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
dirdzReddy (Software engineer) 03 July 2010
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
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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