This is not a first time event that a husband was granted divorce on grounds of cruelty due to filing of false complaint under IPC 498a. But it is a welcome step that the courts which do not take up perjury complaints easily at least are giving some relief for aggrieved parties on the receiving end of false complaints.
Update 27 Nov 2014: Read latest SC judgment/news about false 498a as ground for divorce to husband (however proving false case is main issue)
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MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. “Humiliation… that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground,” said a division bench of Justices A P Deshpande and R P Sondurbaldota while granting divorce to a Pune resident.
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The family court dismissed Dyanesh’s plea for divorce saying that a single complaint filed by the wife could constitute cruelty. Dyanesh moved the HC in appeal. His lawyers claimed that the arrest and detention of the family members and Dyanesh’s near relations in a false case “has caused him agony”.
The HC agreed with Dyanesh’s contention. “One thing is crystal clear and it can be safely assumed that the wife had filed a false case not only against her husband and mother-in-law but had unnecessarily roped in other near relations,” said the judges, adding, “It is obvious that on account of arrest and detention of the husband and his family members, Lata has treated Dyanesh with utmost mental cruelty and he has suffered agony.”
If the wife is denied for consumation after marriage on the ground of CHEMISTRY NOT WORKING ,left to the house of her parents staying with her parents for nearly 3 Years and offered mutual divorce, the point of NO CONSUMATION is to be compulsorily mentioned or not in the Divorce Petition as the wife parents are not willing to mention NO CONSUMATION point and are pressing to return all valuable belongings before filing Mutual Divorce Petition. In that case, is there any possibility of not attending court by wife after filing MDP and can make further claims such as Maintenance / Properties ?
It’s in your benefit at least to mention non-consummation, because it shows fault of other party and can help in your second marriage too. Actually, non-consummation for 3 years can be ground of mental cruelty for you to get divorce, but they could very well put the blame on you. My guess is she may have some medical issue which is why they don’t want it to mentioned, in case it gets leaked out during her second marriage prospects.
And the MCD offer will get dishonoured most likely. Most of these MCD offers from such women are fake. They only want to get their jewellery back first, hence the offer of MCD. Once they get jewellery, they may file all or any of the cases. But that is also stridhan, so legally speaking you don’t have much right to hold it back as a leverage to get divorce. It’s really misuse of stridhan related laws, that they get to collect gifts given towards a lifetime of marriage, merely upon obtaining a marriage proof and then getting a divorce.
Hello Admin,
Commendable job done by you to put the courage to men who suffer false 498A cases. Mine is a typical one of cases. Married in Dec Wife left house in less than 4 months due to very minor issues which were no reason at all. She was given utmost freedom, care, love and affection in her matrimonial home. She used to work before marriage and had resigned in the hope of rejoining but could not find a job in these 4 months. Its been 5 months she has left her matrimonial home. After 1st Month lot of attempts were made by husband side to reunite and bring her back but despite multiple request she did not return and asked for a separate house which was unrealistic. Two months went by but no signs of her returning back also she made sure elders do not speak since they were convinced that the issues were not at all in any way serious or life threatening. 3rd Month since she started feeling that husband is not ready for a separate home she threatened her parents and instigated them, also by this time her behavior was extremely Violent, Extremely Abusive and Out of Control. She seems to hit her head to walls and shout at her parent’s home. After the final discussion which happened on 3rd Month they warned the husband of dire consequences if he does not go for a separate home. Husband denied separate home and walked off from her home after lot of verbal abuse. A month later came the surprise package. Husband and Family slapped with Fake 498A, DV and Criminal Intimidation cases. She had got Police along with her to husband home and issed notice. Since it had gone this far, Husband family applied for AB and obtained the same and is not out of the police clutches!!
My questions here are:
1. After completion of a year can husband file for divorce based on the fake case filed against him or is it mandate to wait till the fake case is disposed ??
2. I had also read a judgement from SC stating no alimony for wife if she has left matrimonial home and never returned despite multiple requests. I have supporting evidence for this about long discussed text messages and calls to convince her along with her family.
3. How can we expose such fake people to ensure more innocent men don’t get victims of such selfish, culture less,cruel, horrible and worst ladies. I have gone through a lot of mental trauma from day 1 by this lady but my upbringing was to respect ladies and I was under assumption that since she is new to my house she needs time.
4. What evidences can help me to get Divorce in my favor?
Thank you
FIGHTER
No guidance given on divorce. You can read this book for answers:
Guide for Men on Divorce, Cruelty, Desertion, Annulment(only in Kindle Edition)
Alimony and Maintenance under Hindu Law (only in Kindle Edition)
I have a question?
Once FIR is framed under 498 A , 323,504,506,34DC and 3&4 of D.P Act and the Husband has obtained the bail . Whether the Police have right to send a letter along with the FIR copy to the workplace of the husband to suggesting the Organization to initiate administrative actions against the husband.
No. In case police sends such a letter, you can complain to commissioner/DGP etc as applicable and maybe even file complaint to SHRC and NHRC. If police becomes the judge and pronounces guilt and punishment then where is need of judiciary!
Also, if you are ready to admit your legal knowledge is close to 0 then you can read my free PDF eBook:
http://menrightsindia.net/wp-content/uploads/2016/10/Surviving-Legal-Jungle-Vivek-Deveshwar-20161002.pdf
Respected sir,
My brother married before 2 years. Bhabhi started fighting with him and family members within few days of marriage. She’s doing job he se she went her house after few days she doesn’t want come back after other social member involament she come back but same behaviour. Without inform she again went back now her family ask for 10lkh money for divorce social member denied this giving money her parents sent a leagl notice with the warining of she will filed the case 498.
So what the precautions we should take against false 498
498A or any other criminal complaint filed after long delay will become very weak in court during trial and evidence. Safeguard from FIR is not possible in today’s times because of the ongoing women-empowerment theme in society and law wherein a woman’s complaint will be entertained no matter how implausible or after many years of delay. But the more the delay the weaker their case.
Keep that legal notice as evidence.
We are in an early stage of marriage, just 1 year 4 months.
Wife has left the house with her brother and brother in law stating she cant stay.
Now she asks for money which has been a constant demand failing which she took the following step.
And threatens us with the poster 498a and other charges.
My life has become hell but I want to fight this out.
I filed RCR and magistrate told her to go with me,Still she disobeyed magistrate by not coming and making fun of me.
What Should I do as I am a salaried person, and now I cant stand her.
After filing RCR, it’s like you have condoned wife’s ill behaviour if any, so stick to that approach and wait for cases to be filed by wife. I don’t know how magistrate got involved in RCR case.
Usually they file multiple cases after husband’s RCR but if they don’t then you might be very lucky one.
Husband gets divorce based on false IPC 498a complaint – In such contested divroce cases, is the Husband still liable to pay alimony/maintanenece to the wife in various other sections
All cases run independently based trial and their own evidence/cross-exam etc. So it’s very much possible that someone proves 498A false, and yet ends up paying high maintenance if he doesn’t fight those cases well. Alimony becomes applicable only at end of divorce, and mostly the cases get compromised and settled before that, with alimony(or zero if fought well) becoming part of MCD.
Thanks Sir
any judgement on false 498a
If wife filled false 498A case & left house without informed to husband than can she get maintenance? What is the Hon’ble Supreme court Judgement
498a or no 498a, wife can ask and get maintenance whether she informed husband or not, maybe you haven’t read any maintenance judgments etc. Hon’ble SC is not going to prevent wives from filing 498A or seeking maintenance, because doing either will be against the law.
Dear sirs until sc undestand the real problem of mens and stops paying maintanance and almony then only layer wifes will undestand the real pain
What is ‘real pain’ for you is the law of maintenance as far as SC is concerned. So people can either get maintenance laws changed, or in the meantime at least fight their cases properly and vigorously based on evidence and merits rather than hoping someone in judiciary will take pity and take their pain away.