Fighting false 498a and need to get divorce..
Manish
(Querist) 16 February 2011
This query is : Resolved
Dear Experts,
Wife filled a false petition under section 498a, 504, 506, and ¾ Domestic Violence act etc. just after 2 months stay with husband. She mentioned in her petition that husband did an insurance of Rs. 25 lacs in her name and intention of husband is to kill the wife and to get the Rs. 25 lacs insurance. But husband did not or do not have any insurance in his and his wife’s name. After investigation Final Report is filled by the IO and again wife filled protest petition against final report, Case is still pending in lower court.
She also filled a maintenance petition under section CRPC 125 no order is granted and husband did not get any notice for maintenance till date.
Now, husband and his family want to get rid of her and want divorce either by mutual consent or by contesting it in the court, we had lot of attempts for mutual consent but all discussions are in vain as the wife and her family still not sure what to do and asking for huge amount of alimony.
My question is how to convict wife and her parents in false 498a case, are there any cases which can be filled against wife and her family?
Can husband go for divorce as desertion is almost two years and can false insurance allegation be considered as extreme cruelty against husband?
Ganesh Chavan
(Expert) 16 February 2011
File a case under Cr.P.C. 227 stating that the 498a case filled by your wife is false- If you have enough proofs, or if she does not have enough proof to substantiate the charges, ask the judge to just dismiss the 498A case as it is a framed one .
Devajyoti Barman
(Expert) 16 February 2011
You can not file a case for lodging false complaint unless or untill the court accepts the Final Report.
Yes you can take the false allegationsas an act of severe cruelty and pray for divorce. But along with it bank on some additional instances of creulty as well.
