Wife filled false 498a. how to get second marriage?

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Dear Sivaram,

One thing you need.  Daring.  Thats all.  Nothing more than that, nothing above it.  You want to get married again, do it.  Dont ask anyone. Dont think too much. 

Thank you @helping hand

@Sivaram.  Hope the following would please you and many members of these forums who are harrassed by marital laws.

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But sir, the act of being in relationship with another woman itself may become a ground for punishment under S.498A even if it does not become a ground for complaint under Adultery.

Let me assume that some intelligent fellow had said that to my comments there.  For that the answer is yes….it can be a ground for a fresh case but not for the existing case.  Suppose the law accepts them as fresh grounds in existing case, assuming that the punishment maximum under S.498A is 3 years, before the case concludes the husband can beat wife any number of times he wants because he beats her once or ten times the punishment is three years only. (Lighter vein).

But if things go as per law, my assumption would be husband living in adultery may become another case of S.498A on different facts and circumstances and it is possible that he may be acquitted from earlier case but be convicted in later case.  The point to be noted however is that it is not the original sin of the husband but a consequence of evil inflicted on him by several factors which also includes the time involved in litigation.  Sex is as much a human right as it is an animal right.  Assuming that the court gives judgment in time and even if he is punished for three years if the case is decided in one year, the 25 year old man can marry at the age of 29 years (after undergoing 3 years punishment) and enjoy his right to s*x.  Because it is delayed by several factors of which the length of time in litigation is one, if he indulges in adultery that cannot be a ground to punish him under S.498A in the later case on fresh grounds that have arisen during the course of litigation of earlier case. 

But there is another serious problem lying here which is not properly fathomed either by the legislature or by judiciary which needs greater attention than the above anomaly.

If it is a matter of legal right for a woman to file S.498A and yet be privileged to contest the divorce applied by husband on the ground that she had not made any mistake, the husband alone is on the wrong side, and if for that reason the Family court does not grant divorce to the husband and his divorce plea on contest by wife fails, and assuming that he is punished under S.498A by criminal court and the wife decides to remain unmarried forever, then he will be forced to remain unmarried forever by wife and courts.   That I think is absolute breach of Article 21 of the Constitution. 

The law as it stands allows husband to file application for divorce when a criminal case under S.498A is on Trial against him but he needs to show valid grounds for divorce.  Wife had filed a criminal case she wants me to be punished and so I am hurt and I do not want to live with her cannot be a valid ground under the existing law.  However, not being able to say so entails with irreparable damage to the right to life and personal liberty of the husband.  The law cannot say in such situation that wife taking a legal recourse against crime (allegedly) perpetrated against her cannot be a reason to be hurt by the husband, and hence cannot be a ground for granting divorce.  The marital bond is not vinculum juris it does not rest on the foundation of duties and obligations to perform towards each other as in the case of a contract as much as on the factors of compatibility.  If X beats Y and Y files a case against X of hurt or grievous hurt under IPC, and X says, “I am hurt because Y filed a criminal case against me” is an argument nobody will buy if X and Y are not related to each other.  But that is not the case with family relationships which are emotional bonds rather than legal bonds. 

Let us assume the husband made an argument such as the one said above, the judge of Family court says– “I do not know yet whether the charges against you are proved false or not because the Trial is still going on in the Trial Court.  If the charges against you are proved false you have a case against your wife for divorce but when the other court is seized of the matter on similar facts, I am not competent to decide your case on merits.”.    So the ball is now in Trial court.   And here there are two possibilities.  He may be convicted under S.498A by Trial court, (deciding case in time) and the same is affirmed by High Court and Supreme Court in appeal,  in such case he may not get divorce because he is on wrong side and he has no case to prove against her.  And as stated above in such situation if wife decides not to marry forever she and courts can force him to remain unmarried forever. The other possibility is, suppose, the Trial Court takes 10 years to say he is innocent and she appeals to High Court and Supreme Court, and High court takes another three years and supreme court another 2 years and decides he is innocent, he loses his youth.  Both ways it is violation of fundamental right under Article 21 of the constitution.  Whether one’s right to s*x is part and parcel of one’s right to life and personal liberty?

Certainly yes.  Sex is very much part and parcel of one’s right to life because one having progeny to protect him in old age is dependent on one having s*x and giving birth to a child.  Progeny is very much one of the most essential factors that protect one’s right to life because in old age the people are accustomed and forced by physical disabilities to depend on progeny for survival.  On the other hand, on a more philosophical note, it is through s*x the survival of mankind is perpetuated.  Hence it is entirely a part and parcel of one’s right to life and personal liberty.  One cannot enjoy unrestrained s*x like animals being human, there are reasonable restrictions for such personal liberty.  However if one wants to exercise his right to s*x by following law of land and by following social norms, he shall not be deprived of that right.  Article 21 says – No one can be deprived of his right to life and personal liberty except according to the procedure established by law.  When the family court denies his application for divorce on the ground that “she is not at fault hence you cannot get divorce” then the husband is left at the mercy of wife’s choice to apply for divorce and remarry.  Court saying “she is not at fault hence we cannot grant divorce” may be due process of law but in no way resting one’s right to s*x on the footing of another’s choice to marry or not to marry is not due process of law.  Leaving one’s freedom at the mercy of another’s will is deprivation of one’s right to personal liberty.  And so, when a court says, “you are not eligible for divorce because she is not at fault” and if such decision rests on the peril of wife deciding not to marry forever which has all the possibility of infringing upon the right to life and personal liberty of husband, then the court saying so also becomes incompatible to “due process of law”. 

It cannot be said that a man convicted of cruelty against wife cannot have right to remarry …it is all justified if he cannot get married because of these problems.  If he is a cruel man he may get a cruel woman to marry.  Who knows? Like a lion can enjoy its rights against lioness.  Courts are competent to impose duties and enforce obligations on human beings who are found to be violating them, but they cannot dictate to them how to feel and how not to feel saying it is a legal right of wife to initiate criminal trial on husband and the due exercise of legal right cannot be a ground for divorce.   It is like saying to a human being  - “you have no right to feel the way you do”.  That kind of dictation is actually is serious breach of one’s right to life and liberty of thought and expression because it is the way one is allowed to feel that determines one’s liberty of thought and expression.   Law can impose restrictions on the liberty of a human being’s feelings to hurt (offend) others but it cannot impose restrictions on the liberty of a human being’s feelings of being victimized, offended or to get hurt.  A wife is duty bound to protect the interests of her husband and never intend to see him hurt.  But when the law says, she can file a case under S.498A it means that it had recognized her right to stand on the footing of a victim which is entirely different from that of a wife.  When a wife is allowed to even stand on an entirely different footing than that of being a wife and file a case as a victim like some X being a stranger to Y can file a case of hurt under IPC, what logic justifies to say that a husband cannot feel victimized by wife’s action of dragging him to court and initiating criminal trial standing on the same footing of being a husband even?  That is not equal protection of laws under Article 14.

He committed a crime, let us punish him.  He has a duty to pay maintenance, let us force him to pay.  But let us not encroach upon his freedom to feel the way he wants when he feels victimized.  It is natural for any husband to feel like moving away from a wife if she initiates criminal trial and wants him to be punished.  Yes, he can be punished for that if he did any wrong.  But he can’t be dictated as to how he should feel and how he should not feel by saying “you have no reason to feel hurt if she files a criminal case against you and wants you to be punished because she is well within her legal right to initiate proceedings if her rights are violated”.   Not granting divorce till the Trial Court declares that the charges against husband are proved false amounts to that kind of diktat as quoted above and it  is encroachment of a human being’s freedom of thought and personal liberty.  Imposing a duty to pay for his wife, punishing him for crime are all well within the rights of courts but it cannot be said that they are competent to dictate people living under a Constitution which guarantees right to life, personal liberty and freedom of thought….how not to feel and detain them to a relationship that will encroach upon all these of his fundamental rights.  That is why I feel, the legislature is duty-bound to codify the law to the effect that the initiation of criminal proceedings against husband by wife itself is a valid ground for divorce for husband under all the personal laws of land and entitle the husband to seek divorce irrespective of whether the case is proved against him or not. 

These are all after he proved as guilty.

Before that itself, law is killing him.

Assume if he proved as not guilty, can system bring their (he/she) valuable moments and non recoverable loss.

Relationship has to be legally broken when one lady filed 498a. She is showing cruelty on him that "he has to be jailed"

If the situation is not that serious there are many other sections to get help.

Then only we can avoid false cases which will file just to black mail or just to settle few lawyers and her accounts.

(93% false cases(told by supreme court).

Please see the following blog, what we have to do in this kind of wife.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=113572&offset=10

So, Can I approach courts to get permission for second marriage ? 

I do not want to take any revenge as she already got punished by her self.

She will be informed that "he want to marry". and if both the parties are not ready to compromise, let him allow.

On the condition that "he will be jailed if it is proved" and she also will be jailed if  her case is not proved. 

498a should be 2 edge knife. Then only we can avoid false 498a cases. We can save indian family system.

Might be my words are completely immature related to legal process :)

You seem to waste your time seeking advise for doing illegal things.  Yes, when your marriage subsists, marrying another girl without dissolving the existing marriage is not only illegal, null and void but also an offence punishable for the crime of bigamy.  If you approach the court for second marriage, the court at its discretion may even contemplate to initiate suo motu action to punish you, donot venture into such ideas.  If you are no more interested to continue your married life with your wife who you think to have harmed  you or ruined your life by such false cases. you can very well file a divorce case against her on the grounds of mental cruelty clubbed with desertion, nothing forbids you from taking an action to dissolve your marriage legally because after all it is your life and you who has to decide based on the facts and circumstances being faced by you.  Do not be misguided by wrong or misguidance and indulge in any type of illegal act which may hamper your life more.  Take the advise of an experienced lawyer/consultant in this regard before you take a decision in haste which may bring disasters.

Can I ask courts that , my marriage has to be annulled, as she subjected me to mental cruelty clubbed with desertion on the grounds of 498a?

Divorce may take another 5-10 years right? like a goods train :)

What I have to do other than killing myself? Is the law made for this in this country? To kill the citizens!

Need solution as early as possible. At least some relief. 

If I contacted a senior /experienced lawyer, what may be his suggestion?.

There is difference between declaring a marriage null and void and granting divorce.  You cannot understand these distinctions as a layman.  My advice to you is approach a lawyer and let him think which course is best based on facts briefed by you to him.  Show him what I had written in my earlier communication.  They all are in fact the points that any lawyer would love to include in their petitions.

Can I ask courts that , my marriage has to be annulled, as she subjected me to mental cruelty clubbed with desertion on the grounds of 498a?

Yes.  You can certainly ask, these are relevant points and there are Cases (precedents) where courts have decided that filing of criminal case under S.498A itself is a ground for divorce.  Desertion is one ground under Hindu Marriage Act.  But you don't strain your mind on it, let Advocates do their business for you.  It is their job, to assist court which law is applicable to facts and circumstances of your case. 

Sivaram,

Someone has misguided u I believe. If 498a is in your favour, i.e proven false, no one can stop you. But you have to bare 2.5 to 3 years to get divorce and not more than that if your lawyer is a capable person.