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indianzindian (business)     27 September 2010

out of home

can  a girl who leaves her husband s home with her own wish and later lies... that her inlaws has asked her to leav e home can on the basis of this lie what charges she can frame and what precautions family need to take for her false charges... can she file false case of domestic vi or 498a or anything like that with her false stories...



 8 Replies

Tajobsindia (Senior Partner )     27 September 2010

1. Yes, she can file for S. 125 CrPC [maintenance]
2. Yes, she can even file Divorce under S. 13 (1) HMA [cruelty]. She can also file S. 24 HMA [maintenance]
3. Yes, she can also file S. 12 DVA [maintenance, restraining order, compensation as well as right to
     residence]
4.
Yes, she may also press for S. 498a IPC
5. All maintenance cases under various Section can run simultaneously too !


A. It becomes the duty of husband and arreyed parties from your side to "prove" charges to be "false". 

swatirswatir (learning law)     27 September 2010

yes shes free to do all of above acts. hai ram kudiyon ka hai jamana wala gana suna hi hoga aapne

2 Like

Uma parameswaran (lawyer)     27 September 2010

If her inlaws asked her to leave the matrimonial home then she has valid reason to file under DV Act and 498 a .So no need to file false complaint .

1 Like

Tajobsindia (Senior Partner )     27 September 2010

To the third replier;


Que.1:
Will the In Laws on record have ever stated in complaint (S. 498a IPC / DVA) suits (i.e. make a statement during cross) that "they asked DIL to leave home" has it ever happened!


Confrontation and witness statement can also not elicit such answers to prove 'cruelties" is my opinion.


(Guest)

Yes,she can file false 498 a ,125 crpc maintainance,Dv complaint ..

But you fight for truth ,you have to prove that these charges are false.I remember one Sms joke:

BETA: Papa sab log shadi karke pareshan he hote hai to shadi kyon karte hain.

PAPA: Beta, akal badam khane se nai thokar khane se aati hai..!

1 Like

Adv Archana Deshmukh (Practicing Advocate)     28 September 2010

No one can prevent a person from filing false cases or cooking up false stories in the court. If a wife decides to file false case of s. 498A against her husband or in-laws, nobody can stop her, but its not that the court will just believe her stories. She'll have to prove her case.

1 Like

Parth Chandra (none)     28 September 2010

A. It becomes the duty of husband and arreyed parties from your side to "prove" charges to be "false". 

 

Does above statement of Tabsjobsindia means that wife don't have to proove anything and only husband have to proove (my question is specifically related to crpc 125 as I know 498a is criminal case and it requires proof from wife too)?

1 Like

Tajobsindia (Senior Partner )     28 September 2010

To the fifth replier excluding me of this thread;


Reasoning:

1. U/s. 125 CrPC if your que. is all about then a wife has to prove her side of valid reasons to live away from her matrimonial home to get benefit of maint. Husband has to defend his side of say, that it was wife who left home without any valid reasons thus is not entitled for any maint.


2. The authors post thread que. was very clear and specifics (briefs) revolved around S. 498a IPC which is on different footing than S. 125 CrPC and mixing a reply meant for S. 498a IPC with societal cause based relief que. creates confusion in same posts.


I hv replied to your above same que. in RCR post where also you asked the same que. Hope these two answers to your que. helps clear the shroud of confusion accordingly ? 

1 Like

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