Siva
Asked June 17, 2016

fraudulent case under S.498

  • 2 Answers
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my wife sent with her mother more than 1yr .i given court notice to her come and continue our life Act indian divorce 32. she received notice . she attended court next we need to attend on 29th July 2016. she went to SP office she given complaint on me "he is asking divorce he is not living with me" . so they send that complaint to my local police station. but i am not asked like that . i am ready to accept her. Is there any change to her put another case on me 498 ?because my case is running in court. please advice me.

Answers 2

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Shreya Mishra
Agree Comment 0 Agrees about 1 year ago

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Shreya Mishra

The notice because of which your wife will be asked by the Court to come back to you is called Restitution of Conjugal Rights. Section 9 of the Hindu Marriage Act 1955 allows you to ask your spouse to return to you if they have withdrawn from your society without any reasonable excuse.  You can rely on the case of Sammer  Singh Suryavanshi v. Savita Suryavanshi[1] the wife said that the husband was not ready to take her back and filed a case for restitution of conjugal rights but when the husband could show that he was willing to take her back and she failed to show that the husband had not withdrawn from her society, the Court granted in favour of the husband.

Therefore if she is filing a report by saying that you are the one who is not taking her back then it won’t be held against you as you are the one to file for Restitution for Conjugal Rights.

She can file a case under 498A of Indian Penal Code(IPC) for cruelty against you if she wants. She can be able to justify her leaving her matrimonial home if she can prove that you or your family has subjected her to cruelty. However, the fact that she has filed another report claiming that you are not ready to take her will act against her. Further with the increasing number of false cases reported against husbands, the burden of proof is considerably higher and she will have to prove substantially how you have subjected her to cruelty.[2] Also if it is proved that she has filed a false complaint against you, it can serve as a ground for you to file for divorce.

 

[1] 2008 MLR 440 Bom

[2] http://timesofindia.indiatimes.com/india/False-cruelty-cases-under-Section-498A-ruining-marriages-SC-says/articleshow/45424532.cms

Agree Comment 0 Agrees about 1 year ago

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