help.me.with.divorce (manager) 08 November 2011

False 498a ground for divorce?

As per the judgements given by many courts in India including supreme court, once a women files a false 498a case against her husband or her relatives she had caused cruelty to the other party and the husband can claim divorce and it is assured.

1) Is false 498a ground for divorce by husband?

2) How can I counter attack if a false 498a is filed?

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5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 November 2011

1. yes , its comes under crulity

2. if it is proved before the court that the case is false then the proceeding u/s 182 IPC should be start against her.

help.me.with.divorce (manager) 08 November 2011

@nadeem - ipc 182 is very normal law, --- shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. giving 1,000 rs is not a big deal for them, However, please let me know some more about counter laws once a false 498a is proved? ALSO, 1) can i file ipc 182 from my city, mumbai, and if i file would she has to come to mumbai for hearings? 2) normally, in what period of time does ipc 182 hearing close and is justice is given?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 November 2011

Dear you can filed a defemation suit for compantation in civil and also in criminal too u/s 499 IPC

the time period for closing the 182 IPC proceeding is not mentioned

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 08 November 2011

First you need to prove your innocence and then file for perjury/ defamation and so on.

It should not so happen that YOUR HOUSE IS ON FIRE, AND YOU ARE GOING HUNTING.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

there are many ways to counter attack once full facts from both sides are in front of us... once 498a or dv is placed the marriage is gone and sure for divorce... people compromise only due to financial hope...

all in all you need to first escape from their charges, once proven false only then think of remedies... divorce is not a big deal at all... finances are...