False police complaint: sufficient reason to desert the husband by wife?

Querist : Anonymous (Querist) 23 December 2011 This query is : Resolved
1. When wife lodged false police complaint (non-cognizable) against the husband and as a matter of fact she didn’t press it in the court.

2. She also tried to black mail the husband through this complaint.

3. She didn’t turn up when the husband requested her to join him several times.

Now my queries:-

1. In connection with a case of maintenance whether lodging the said complaint is sufficient reason for wife to desert her husband?

2. Or she has to prove it with more allegations which she has alleged against her husband?

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M.Sheik Mohammed Ali (Expert) 23 December 2011
mere complaint is not enough same time it will prove it, but any way if the husband want desert from her or if she is give cruelty then file complaint against her

Sudhir Kumar, Advocate (Expert) 23 December 2011
making a complaint without intention of pressing it may be cruelity.

prabhakar singh (Expert) 24 December 2011
1.NO!
2.Yes! she has to prove it with some evidence which she has alleged against her husband.

Additionally,a false (non-cognizable) complaint by her against husband would amount to cruelty affording a ground of divorce to the husband.However she would be entitled to maintenance if she is unable to do so on her own.

Shonee Kapoor (Expert) 24 December 2011
Interim maintenance would be decided on these allegations.

For permanent maintenance the allegations need to be proved.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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