Sourav Roy (-) 25 November 2015

Acquittal from 498a case what to do with maintenance

I have already been acquitted from 498a case.Honourable Judge again and again repeatedly said in Order that the prosecution completely failed to prove the allegations..now the question is using this judgement can i stop my maintenance order in other court by saying she has no sufficient cause to leave her matrimonial home means she leaves her own matrimonial home by her own wish, hence she does not desrve any maintenance at all.Is there any way to survive for maintenance or it will continue till i am death.We are living what kind of society even acquittal from 498a case u have to still pay maintenance to ur wife knowing that she had filed completely false case.

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8 Replies

Shruthi (n/a) 25 November 2015

I don't think based on this judgement you can stop paying maintenence.. Maintenence as per S.125 / 9 HMA LAW doesn't state that acquittal from 498A nullifies maintenence

Nitish Banka (lawyer) 25 November 2015

File for perjury, and defamation but it will be of no help in maintainence cases.

Thanks & Regards,

Nitish Banka

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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 26 November 2015

Complaint under perjury can not be filed unless the concerned court grants necessary sanction u/s 195 Crpc. Howevr you may approach the court through a writ for malicious prosecution. As far as maintenance is concerned, if the facts shown that the allegations levelled by her wree oureightlt false and frivolous, then maitnence awarded may be set side as well . There is a thumb rule of law that a party who does not approach the court with clean hands is not entitled to any relief . For that but u have to show that the allegations levelled were defamatory and that is why the prosecution failed . Merely because the prosecution could not prove its case does not mean that the prosecution was malicious

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 26 November 2015

I have inadvertently mentioned a writ for malicious prosecution above . I meant to write suit for damages for malicious prosecution

Fighterr 26 (GOVT.) 23 December 2015

Augustine sir in which court should one file writ for malicious procecution? in the trial court or high court or any court?

Fighterr 26 (GOVT.) 23 December 2015

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 13 February 2016

498A and maintenance has no relation.

Perjutry does not work. Non advocates are suggesting on this forum PERJURY AND DAFAMATION. Please give any jdugments if any body punished since process is long and complicated.

Fight maintenance cleverly with the help of expert advocates and not with bookish knowledge because once it is granted it will be cancer.