Legal Question in Family Law in India
498a and divorce
wife has lodge 498a against husband on the ground of mental cruelty and dowry demand.If Wife can proove mental cruelty but fail to proove dowry demand can husband file for divorce and get divorce if wife fails to proove that there was dowry demand but can proove torture was made?But can husband still get divorce on the ground of cruelty and defamation just beacuse wife failed to proove there was dowry demand and torture was due to dowry demand?
1 Answer from Attorneys
Re: 498a and divorce
If wife can prove any allegation of mental or physical cruelty, she need to prove dowry demand. The wife's allegations, if substantitated in some manner, even partly, may not give any cause of action for divorce to the husband.
In other words, wife's inability to prove an allegation of dowry demand against husband may not entitle the husband to get divorce on the ground of alleged cruelty or defamation, if the wife has been able to even partly substantiate her allegation of "mental cruelty".
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
