maintenence after wife files false 498a

Software engineer

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

 
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advocate

Yes she can file but may loose the case.

 
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lawyer

498a is not barred wife from claiming maintenance.

 
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Legal Consultant / Solicitor

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

 
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Software engineer

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.

 
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advocate

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.

 
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Legal Consultant / Solicitor

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

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

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Yes she can file a case for maitenance.

 
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