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Regarding false case under 498a/328/342
20-Jul-2023 (In Divorce Law)
Sir/madam..i along with my family members were falsely implicated by my wife under section 328/342/498a. At the time of charge, my family had been discharge by honble session courts under these sections. However, 498a has been frame against me and trial is going on i.e evidences stage. The period of appeal is also lapse. From past 2 years , we are not living together. I would like to know whether my wife can once again file a case under 498a against my family member in MM court.
Yes, she may very well implicate your family members under Sec. 498A. However, you have a valid ground of going for a divorce case on the ground of desertion and cruelty as she is living separately from you for more than 2 years now. For assistance, you may consult me.
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Adv. Puneet Srivastava
Delhi | 400+ Answers
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At this stage she can’t file 498a against your family members who are already discharged ..!
She has the option to file : Domestic Violence
..she may further file 125 CrPC or section 9 or 13 of Hindi Marriage Act if you both belong to Hindu religion
You need to hire expert advocate in this regard
She has the option to file : Domestic Violence
..she may further file 125 CrPC or section 9 or 13 of Hindi Marriage Act if you both belong to Hindu religion
You need to hire expert advocate in this regard
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Adv. D. Khan
Delhi | 500+ Answers
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your wife cannot file 498a on same cause of action.
if however due to change of circumstances a new cause of action has arisen, she can file fresh case
to prevent your wife from misusing the law, your family must file counter cases against your wife and also claim compensation for defamation.
please feel free to contact me incase of any queries
if however due to change of circumstances a new cause of action has arisen, she can file fresh case
to prevent your wife from misusing the law, your family must file counter cases against your wife and also claim compensation for defamation.
please feel free to contact me incase of any queries
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Adv. Kunal Seth
Delhi | 500+ Answers
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there are remedies for everyone in the court.. but it is very much unlikely that they will be impleaded again by the court.
However it may be possible that a fresh complaint can be filed by her .. but in the given circumstances i believe in that case also they will be discharged.(if at all that happens)
However it may be possible that a fresh complaint can be filed by her .. but in the given circumstances i believe in that case also they will be discharged.(if at all that happens)
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Adv. Shikhar Aggarwal
Delhi | 25+ Answers
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We are of the considered opinion that since your parents had already been discharged and period for filing an appeal has been lapsed than the discharge order has attain finality. Thus your wife will not be able to file a complaint under 498A again.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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