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False 498A case filed against husband and in laws. How to defend it?
06-Mar-2023 (In Family Law)
My brother is has marries in 2014 Feb,14 [ hindu marriage] his wife was frequesntly falling ill & left him after 1.5 yr. due to this illness she never told us about her disease & does not came to husband's house till today the mutual understanding was made in nov,2016 but not settled yet my brother does not want to live with her as he thought she has cheated him & not loyal to him but filed a mainternace case, 498a case in Jan2017. she filed against 6 people of our family-Hus,in laws & mu elder brother & sis law even though we are not at all having any physical or mental torture on him can she file a 498 now i.e. after 21/2 yrs she left home
Dear Client,
your brother can file a petition to get order of divorce from Family Court. He must project his case before the Family Court. It is always better to settle the matter amicably by mediation. Otherwise the valuable time of your brother and the persons who are implicated in case will be wasted. It is better to engage an expert advocate and settle the matter. If the opposite party is not willing for compromise then go ahead with the trial for get remedy from the court by placing facts before the Court.
your brother can file a petition to get order of divorce from Family Court. He must project his case before the Family Court. It is always better to settle the matter amicably by mediation. Otherwise the valuable time of your brother and the persons who are implicated in case will be wasted. It is better to engage an expert advocate and settle the matter. If the opposite party is not willing for compromise then go ahead with the trial for get remedy from the court by placing facts before the Court.
Helpful?
25+
25+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Hi
The wife can file a 498a case any time as long as the marriage is subsisting.
Your brother can contest the case if
1) he had not taken the dowry and
2) prove to the court that the wife had lied/cheated about her at the time of marriage and
3) wife has voluntarily deserted the husband.
In your case 2 and half years is a long time of separation and by this time your brother should have ideally filed a divorce petition. However it appears that the brother's wife has filed all false cases(498a, maintenance etc) just to ensure that your brother does not file a divorce petition.
The wife can file a 498a case any time as long as the marriage is subsisting.
Your brother can contest the case if
1) he had not taken the dowry and
2) prove to the court that the wife had lied/cheated about her at the time of marriage and
3) wife has voluntarily deserted the husband.
In your case 2 and half years is a long time of separation and by this time your brother should have ideally filed a divorce petition. However it appears that the brother's wife has filed all false cases(498a, maintenance etc) just to ensure that your brother does not file a divorce petition.
Helpful?
21+
21+
Adv. Rajagopalan
Hyderabad | 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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