Case whether is false or not has to be decided after trial only
disposal of 498 A case will take 10 years to be disposed of
Section 498A case and Section 13A
Wife has filed a case under section 498A alleging harassment and Dowry against the husband and the entire family. District court given Stay order against arrest till bail petition is being heard. Husband filed a case under section 13A asking for divorce based of cruelty of filing fake case against him. Can he get contested divorce on such grounds ?
Asked 11 months ago in Family Law
Religion: Hindu
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11 Answers
Can a mere getting a Stay order on section 498A constitute as false case ? can it not be argued in the family court that since stay order has been granted it is a false case hence Divorce should be granted ? Also the wife's family has no proof and the case is absolutely bogus.
Asked 11 months ago
Mere getting stay order does not mean it is a false case
not a ground for divorce
1. Do not worry. The fate of any case depends only on its final outcome after a full trial which would take lot of time.
2. If the wife has no independent source of income she can file case for maintenance.
Dear Client,
In India, the granting of a stay order on Section 498A does not automatically imply that the case is false. A stay order may be issued for various reasons, including the need to further investigate the allegations or to protect against potential misuse of the law. The husband's filing of a case under Section 13A for divorce based on cruelty may be a valid. Cruelty in marriage can encompass various forms of physical or mental harm, and falsely accusing someone of a serious offense may be considered a form of cruelty. The husband would need to provide evidence to support his claim that the 498A case is false and has caused him mental distress. If the husband can establish that the 498A case is indeed false, it may strengthen his case for divorce based on cruelty. However, the final decision will be made by the court after considering all relevant factors.
Filing a divorce case under section 13a of HMA itself is ac contested divorce case, it becomes his duty to properly argue his case on the basis of substantial documentary evidence to get divorce.
Just a stay order for not to arrest will not =constitute that this case as false case.
Besides, the criminal case is differnt to that of the divorce case.
Each case has to be handled separately on its own merits.
The false criminal complaint can be a ground for mental harassment and an act of cruelty provided the the criminal case is proved to be false after the judgment
Yes contested divorce can be obtained in above circumstances
- As per the Calcutta High Court , if a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act .
- Hence, if you have sufficient proofs that her allegations are false then it amounts to cruelty , and a ground for divorce.
- However, getting Stay order of the proceedings is not a ground for divorce.
The husband may get divorce on these grounds but only if it is proved that the wife lodged a false case against the husband.
Interim stay cannot mean that the grounds urged by the husband are true ie no cruelty took place.
Dear Querist
Only granting stay on arrest is not fine verdict of the court hence on this ground that she filed a false and bogus case against you before the police or court is not tenable in the eyes of law and this is not comes under the preview of cruelty until the trial court acquittal you from the charges after completing the trial.
if the divorce filed by you is only on this ground, the divorce petition is liable to be dismissed.
she has proof or not is matter of trial as oral testimony is sufficient if she proved before the court.
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