Legal Question in Family Law in India
498a and divorce
wife lodge 498a against husband and his family on the ground of cruelty.If wife fails to proove every allegation but can proove few allegation of cruelty and husband can proove remaining allegation raised by wife as false can husband still get divorce on the ground of cruelty and defamation for lodginf false 498a case?
My daughter lodge 498a and brought many allegation against her husband and inlaws.She has proove few allegation but failed to proove many allegation.Now my soninalw is saying he will filed for divorce on the ground of crulety and defamation case for lodging 498a against them as my daughter could proove only few allegation and could not proove all the allegation.
If wife fails to proove all allegation but can proove few allegation of cruelty against her and could not prrove remaining allegation and husband proove remaining allegation raised by wife as false can husband still get divorce on the ground of cruelty and defamation for lodging false 498a case?
3 Answers from Attorneys
Re: 498a and divorce
No; even if the allegations are not proved, it may not provide any handle for the husband to claim cruelty or defamation.
Your son-in-law may get conviction if allegation of cruelty u/s 498-A is proved.
His claim may be an empty threat. He may be living in a 'fool's paradise' by imagining things in his favour.
Re: 498a and divorce
Divorce and 498A are two different proceedings. So the husband will have to prove the allegations of cruelty in the court where he has filed divorce.
Re: 498a and divorce
Divorce and 498A are different proceedings. The Husband can file for divorce on the grounds that a false case had been filed under 498A which has lead to mentla cruelty and hence he wouod want a Divorce but he will have to prove in the divorce case the grounds of cruelty meted to him.
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