False 498a & purchase of property
Querist :
Anonymous
(Querist) 08 January 2012
This query is : Resolved
My wife lodged false complaint with Police/CAW cell for 498A, 506,406 etc. With almighty grace, police/CAW cell gave report in my favor.
I need divorce from my wife. Haven't initiated anything against her yet.
She is employed and residing with her relatives.
The query is that i want to purchase property in my name now (I didn't have anything in my name when she lodged complaint against me).
Kindly guide that whether she can still claim her right on the property being purchased now even after her complaint in CAW cell on the account that legally she is my wife yet as neither me nor she has filed divorce against each other.
Thanks
ajay sethi
(Expert) 08 January 2012
your wife can make an application under DV act for right to stay in shared household .
dont buy any property in your name now .
the fact that your wife has filed false 498 A case against you and you have been exonerated by police is a ground for divoce .you cna file for divorce on grounds of cruelty .
ajay sethi
(Expert) 08 January 2012
Delhi HC On A False 498A Being The Basis For A Divorce
IN THE HIGH COURT OF DELHI AT NEW DELHI FAO 67/2000 Smt. Pinki Jain ... Appellant. Through: Mr. Gopal Narain Aggarwal, Advocate Vs. Sh. Sanjay Jain ... Respondent. Through:Mr.Narinder Kaushik, Advocate DATE OF RESERVE: 12-01-2005 DATE OF ORDER: 31-01-2005 CORAM: 31.01.2005 HON'BLE MR.JUSTICE O.P.DWIVEDI
ajay sethi
(Expert) 08 January 2012
In the case of GVN Kameswara Rao Vs. G. Jabilli- (2002) 2 SCC 296, Supreme Court taking note of its earlier decision in the case of (1994) 1 SCC 337, V. Bhagat Vs. D. Bhagat, observed that:-
''Mental cruelty in Section 13(1)(i-a) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party. It is not necessary trove that the mental cruelty is such as to cause injury to the health of the petitioner. While arriving at such conclusion, regard must be had to the social status, educational level of the parties, the society they move in, the possibility or otherwise of the parties ever living together in case they are already living apart and all other relevant facts and circumstances which it is neither possible nor desirable to set out exhaustively. What is cruelty in one case may not amount to cruelty in another case. It is a matter to be determined in each case having regard to the facts and circumstances of that case. If it is a case of accusations and allegations, regard must also be had to the context in which they were made.''
In that case it was found on facts that wife made a false complaint to the police, which reflected adversely on the husband's reputation in the society. Marriage of the parties had broken down. The apex court, therefore, allowed the appeal and granted divorce.
Raj Kumar Makkad
(Expert) 08 January 2012
So far decision to purchase property is concerned, it requires to be deferred for some more time. let your relations be decided either side. So far as filing of divorce case is concerned, the complaint cannot become a good ground for establishing a cruelty. There are both sides citations on this matter.
Devajyoti Barman
(Expert) 08 January 2012
Yes she can claim right of residence through the provisions of PWDV Act apart from claiming monthly maintenance.
M/s. Y-not legal services
(Expert) 08 January 2012
i cant thing that purchasing property in your name may cause any problem in future.,
-tom-
Shonee Kapoor
(Expert) 08 January 2012
You have been guided properly.
Start attending SIFF meetings in your area. Also join http://forum.498a.org/
If you think that undersigned can be of any help, please feel free to get in touch with the undersigned.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 09 January 2012
You are sufficiently guided by experts.
