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Raghu Rajegowda
Responded 2 years ago
A.how?
what happened?
can you explain
what happened?
can you explain
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A.Dear client,
Yes, if a woman's complaint accusing her husband and in-laws of cruelty under Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce, the Supreme Court has ruled.
Thank you.
Yes, if a woman's complaint accusing her husband and in-laws of cruelty under Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce, the Supreme Court has ruled.
Thank you.
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A.Dear Sir,
Definitely, the findings of the 498A case can used as defence as divorce case.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It does not come under the general grounds of Divorce as specified under the Hindu Marriage Act,1955, as amended up to date, however, it can be interpreted as cruelty and mental torture upon the husband by the wife with the mala fide intention to defame and blackmail him to cause serious mental agony and loss of social prestige so can be a ground to file Divorce by husband.
Before filing that Divorce case, it is necessary to send the legal notice and in that legal notice such interpretation of cruelty and mental torture is required to be specified in such manner with factual proof so that it can be considered as a ground to file Divorce.
Before filing that Divorce case, it is necessary to send the legal notice and in that legal notice such interpretation of cruelty and mental torture is required to be specified in such manner with factual proof so that it can be considered as a ground to file Divorce.
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