Hari Prasad (service) 28 December 2011

Divorse petition dismissed even after 498a

Dear Experts,

I had file divorse in 2008 from my wife under cruality after 15 years of marriage, I have a son aged 17 years and in retatiation my file 498A for domestic viloence and dowry and sent me to jail.

My son is staying with me for the last 3 years and I am taking care of him singly since then and she has no contact with my son.

Now the family court have dismissed my divorse petition and granted 20,000.00 as maintenance to my wife.

My question is

1.Can the court grant maintenence When my divorse is dismissed.

2.I have read in this forum that SC has given direction that any wife who files 498A should be give divorse,then howcome my petition is dismissed.

3.Can she come back and claim to stay with me.

4.What is the guaranttee that she will not once again file false 498A against me.

I request the forum to please sugesst remedial action for me,

Regards

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9 Replies

Nandha (NIL) 28 December 2011

17 years old son after 15 years of married life??

2 Like

Sanjeev (Lawyer) 28 December 2011

@Nandha read carefully before replying it was in 2008 that divorce was filed and at that time it was 15 years of marriage so in 2011 it should be 18 years hope you understand.

2 Like

dipender kumar (advocate) 28 December 2011

Originally posted by :A victim of 498A

My question is

1.Can the court grant maintenence When my divorse is dismissed.

Under Section 25 HMA. court cannot grant maintenance, if divorce is rfused. But in DV case Section 125 Cr.P.C. or Section 18 HAMA, she can get maintenance.

2.I have read in this forum that SC has given direction that any wife who files 498A should be give divorse,then howcome my petition is dismissed.

Wrong understanding. It is not necessary in every case where wife files S.498-A, husband can get divorse.

3.Can she come back and claim to stay with me.

She can. But you also can refuse to stay with her. Then, under DV Act, she may ask alternative accommodation and you have to provide it.

4.What is the guaranttee that she will not once again file false 498A against me.

What happened to earlier Section 498-A case. If she will not stay with you, she will not file S. 498-A again.

Go for an appeal against the order dismissing divorce case.

Regards

1 Like

N.K.Assumi (Advocate) 28 December 2011

Yes, even the Delhi High Court passed similar observations that lodging false dowry complaints can amounts to cruelty and can be a ground for dissolution of marriage. In your case your divorce petition is dismissed and yet you are ordered to pay maintenance. Best option is to folow depender kumar suggestion, that is Appeal.

1 Like

Hari Prasad (service) 28 December 2011

Thanks Assumi, Can you please help if you have Delhi HC order,I shall be obligued,

regards

Hari Prasad (service) 28 December 2011

Thanks Dipendra Kumar for the quick response and advice.I understand that in my prayer my advocate had written to make our marriage 'NULL AND VOID' is it the right word ,I wanted and even my advocate ment divouse or dissolution of marriage.Is it because of this my petition is dismissed.I have applied Divorse on cruility grounds,

please advice,

regards