Dear all,
Could anyone please provide references of higher court wherein false DV case resulted in divorce. I have lots of citations 498 a resulting in divorce. I am looking for exclusive DV cases resulting in divorce.
Thanks
Shiva......... (owner) 18 October 2013
Dear all,
Could anyone please provide references of higher court wherein false DV case resulted in divorce. I have lots of citations 498 a resulting in divorce. I am looking for exclusive DV cases resulting in divorce.
Thanks
Samir N (General Queries) (Business) 18 October 2013
What do you mean DV cases resulting in divorce? Are you going to use a false DV case to justify divorce based upon cruelty? Is that your question?
Shiva......... (owner) 18 October 2013
@ samir Exactly same question. False DV case caused mental cruelty and the ground for divorce. Thats wat i am looking for.
Samir N (General Queries) (Business) 18 October 2013
There is none to my knowledge BUT I see absolutely no deterrent to you asserting that in support of cruelty. Cruelty itself is very broadly defined or in fact undefined. I do not think that every 498 cases filed falsely would automatically provide grounds for divorce. The facts of the situation are important. Similarly, in a DV case, the facts of the situation are important. Were allegations made against old in-laws, the extent of perjury if any, how long the case lasted, what you suffered from, the allegations made, the falsity, if proven, medication if taken, loss of job, the list can be very long. I presume you have other grounds beyond the filing of the DV case. The combination of all these grounds will be what will determine if you were the target of cruelty. The false DV case can provide additional support, and possibly a strong one. The judgement from the DV case is also important. WHat it says...
I suggest that you have nothing to lose if you use it to support your case but make a LONG list of its impact on you and how you suffered. Law is made by some case or the other. If there is not any on this subject, let yours be the first... Why not?
Raja_498a Victim (Manager) 18 October 2013
Samir,
My friend won 498a recently and allegations were not proven by wife. She stayed only 3 months and filed 498a and my friend was jailed 3 days.
Does this comes to cruelty and divorce will be granted?
A.VIVEK ADVOCATE (ADVOCATE) 18 October 2013
you can file a divorce case under the cruelty ground ,
if you feel that your partner's particular act is affect your mind you can file a case no need for any judgement.