Asking for divorce and 498a

Originally posted by : Sandhya

when a husband ask for MCD due to incompatiblity, does it amounts to cruelty u/s 498A ?i hav read this section and unable to figure out that is asking for divorce is a grave cruelty against her? in ths case a women falsely files 498a and gives in her petition a framed story that she tried to commit sucide because her husband asked for mcd.
Take: If that is the case then she is in a soup. reason being "threat of suicide repeatedly by wife itself is cruelty to a husband and naturally he is not supposed to run to Himalayas instead he will politely ask for amicable MCD route out !

she also alleged that her husband brought mcd papers at her home and was forcing her to sign. how can one defend this statement?
Take: Husband can stick to his statement that due to repeated threats of suicide it was his best option to seek MCD amicably and it is not wrong to ask so without ending both parties life into acrimonious litigations before dozen Courts, police station, lawyer chambers etc.

husband already got ex parte divorce under grounds of cruelty, wife filed 498A &125 after service of divorce summon. wife never mentioned about the said divorce case. will this circumstance(hiding facts from court) help in 498A fight and how much?
Take: If she has knowledge of divorce by way of acknowledging summon (court notice) then ex part divorce is a valid divorce that the husband got. Also if she did not appeal in 90 days to set it aside that means the ex part divorce decree has now become final between them. Now as your brief says she received the summon and meanwhile ex part decree announced in favor of husband (and she did not appeal) and then she files S. 498a IPC then it can be quashed as "counter blast" and several dozen Judgments are there which we discussed here which may help the husband case. As far as S. 125 CrPC is concerned it is valid for divorced wife so he can face that on law points as per allegations in this case (S. 125 CrPC). Also another merit point that he can appraise both Courts are about "suppression of facts of knowledge of divorce ex part decree and not coming to Court with clean hands". All these judgments we have discussed here. Search if you are from husband's side and if not then also see the arguments and prepare your counters J
 
allegations of 125 and 498A are copy cat of each other except the suicide matter. in 125, its alleged that husband threatened to commit suicide if divorce was not given and in 498A its mentioned that the wife tried to commit suicide after getting beaten up by husband. should the husband produce all his evidence in proving 125 allegations wrong? or should he wait for 498A chargesheet to be filed ? it is anticipated that in case the husband produces evidences during 125, the opp party may get gear up for 498A(allegations being same).
Take; Re-red above two replies jointly I have given the idea how to defend. Discuss now with your lawyer (I mean he should discuss reply with his lawyer).

if allegations in 125 found false, will court grant maintenance to wife?
Take: No maintenance but the case will be dismissed.