Legal Question in Family Law in India
498a
Under 498A,every incident is not possible to prove.If the girl fails to prove the allegations made by her against her husband but the allegations are true.In that case,is it become easy for husband to get divorce?
4 Answers from Attorneys
Re: 498a
divorce and 498a proceedings are altogether different. the out come of a divorce case is binding upon 498a judgment but not vice versa.
Re: 498a
This case must be in favour of wife.
Here the husband has to prove his innocence to the incidents mentioned by the wife.
Re: 498a
If the wife fails to prove the 498-a case then the husband may divorce on the ground of cruelty and malicious procution.
Re: 498a
No, the girl is not required to prove her allegations. If the allegations are levelled within seven years of marriage, thee is a presumption of truth in favour of the wife. The husband may be required to prove his innocence or that the incidents mentioned by the wife in her complaint did not happen.
In any case, unproven allegations of cruelty will not provide a ground to the husband for seeking divorce.
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