Can we file for quashing of orders passed by Family court u/s 498a

Question

Can we file for quashing of orders passed by Family court u/s 498a

05-Dec-2023 (In Divorce Law)

Petitioner highly qualified and employed previous to marriage. and decides to sit at home and files case for alimony and 498A. FC gives judgement in her favour ignoring the evidence placed by respondent.that she has sufficient means of income. Now if she goes abroad, what is the remidy for the respondent as she does not even appear in court.? So too in 498A which was filed only with malafide intentions but pe se seems to have no merit, 3. Is there any SC judgement that petitioner cannot get alimony because of her high qualifications and decides to sit at home, and to quash the 498A case

Answers (2)

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LawRato LawRato · Accepted Answer · 2015-12-05T08:34:08+05:30

Its seems to be very good case for quashing. In past also and now also we have done similar cases succesfully. 498a is being misused and police is registering firs in random without following due legal procedure. There are various decisions of sc and hcs on the point that if wife is able to work but not working then she is not entitled to maintenance. U must challenge the cases filed by her by invoking HC jurisdiction. Which HC is in your case. For more details and discussion, u may contact me. Regards Raghvendra singh raghuvanshi Adv. High Court of MP indore

Advocate Sameer Kumar Shrivastava LawRato · Accepted Answer · 2015-12-06T08:18:05+05:30

Answer #2

One can get the case under section 498A quashed by High Court . Quashing always depends upon facts of each case. The question of maintainacne also depend upon facts . If you are able to satisfy the court that the lady is living separately without any justification and the allegations made by her are false then the court may decline to grant maintainance.

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