Legal Question in Criminal Law in India

query related to mental cruelty under sec 498a

I got married under special marriage act.I am in US on h1.My wife join me in US after1 year.But after my parents visit us problem started and it got worst.Though its not only her fault.Both of us were responsible. We both verbally abused each other.

when she was in US i told her i would file for divorce.she went back to india.But after 4 months she informed me she is coming back.But when she was in india i sold the bed she used to sllep as i sleep on floor because of back pain.

When she came to US i move to an undisclosed location leaving apartment for her.Her parents have lodge 498 on the ground of mental cruelty in India.They are making bed issue.They are saying when she informed me about her plan of returning back why i didnot buy another bed for her though capable of buying bed for her.She used to sleep on the floor.I have proof that i paid her apartment rent,electricity bill,phone bill,etc and also gave her as spousal support 600 dollar though not sufficient to buy bed during her stay in US.I have also filed divorce in US.Is not providing bed though capable of buying and which she was using before leaving for india amounts to mental crulety when husband doesnot use bed and sleep othe floor too due to back pain 498?


Asked on 2/06/09, 9:06 pm

5 Answers from Attorneys
pramod kumarojha advocatepramodkumarojha

Re: query related to mental cruelty under sec 498a

this can come under the purview of mental cruelty.

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Answered on 2/07/09, 9:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: query related to mental cruelty under sec 498a

Yes, it is a case of mental cruelty. The behaviour of the husband in this case is extremely cruel and unbecoming besides being shameful and inhuman; The wife or parents may be entitled to seek criminal prosecution of the husband and claim damages under DVA from courts in India.

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Answered on 2/07/09, 9:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: query related to mental cruelty under sec 498a

depends on your lawyers arguments in court and court's view.

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Answered on 2/07/09, 12:21 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: query related to mental cruelty under sec 498a

Hello.

Good Afternoon.

Your case depends on the arguments stated and the courts outlook and view for the case.

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Answered on 2/07/09, 3:29 am
Shrichand Nahar S.V.Nahar, Advocate

Re: query related to mental cruelty under sec 498a

If case in only on the ground of non-provision of bed to wife in USA, then no case U/s.498A made out.

However, kindly read the complaint registered fully with the help of your lawyer.

If nothing further then what you have stated is made out from the complaint, then you can consider approaching the superior courts for necessary orders.

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Answered on 2/07/09, 3:39 am


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