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Victim 498a (self)     24 June 2014

Quashed fir / no alimony

Hi, 
Recently my father and sister were completely acquitted (quashed in FIR stage) by High court. My mother was partly acquitted as the cases are still in FIR stage. All false cases are still present on me and so far no charge sheet is filed.
Concurrently my wife filed for divorce and custody custody citing mental cruelty grounds and is seeking permanent alimony, child support/custody and share in ancestral property. 
1) My question to you is, even if anyone of the accused family members get acquitted, shouldn't the wife automatically get disqualified for any kind of alimony, as she filed false cases and its proven in the court? If yes, do you happen to have any judgements to support them?
2) Secondly, wife filing false cases is an unfit parent and is grounds for seeking child custody.  Do you happen to encounter a situation like this where you advised victims in the past?
Please advise. 
Thanking you, 
iv498a


Learning

 2 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     24 June 2014

Only in two cases she lose her right of maintenance, even after getting divorce

a) She contracts for subsequent marriage/ lives in adultery

b) She is earning and having valuable properties in her name.

Adv k . mahesh (advocate)     24 June 2014

very well explained and no more to add


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