Wife threatening to falsely acquit with Section 498A charges
8 months ago
My wife of 7 years along with her parents are mentally harrasing me and now openly telling to me & my parents that she will falsely acquit me & my parents with section 498 charges. She says as the laws are in favour with women, i cannot do anything. Hence she wants me to forcefully stay in the marriage even though i dont want to stay in the marraige. I am suffering from mental agony as my parents are senior citizens and i dont want my parents to go to jail. How can i save myself and parents from this situation. Please help as most of the laws are in favour of women and everyone in society will believe a women for such scenarios (even though it is false)!
A.Dear Client,
The Hindu Marriage Act, 1955 (HMA) has specified certain grounds required for the plea of divorce. Cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue marital relations. The Supreme Court in the case of Samar Ghosh v. Jaya Ghosh, 2007 has listed down certain illustrations of mental cruelty. A few of them are listed below: Severe mental pain, disappointment, and frustration making it impossible for the other party to further continue the matrimonial relationship would constitute mental cruelty. The appellant must be subjected to mental cruelty continuously for a longer period. The behavior of the other spouse must cause apprehension in the mind of the appellant. It must be grave and weighty. Demand for dowry, act affecting the reputation of either party or also making unfounded allegations constitute mental cruelty. Either of the spouses can seek the decree of divorce on the grounds of cruelty that is to say the ground is available for both husband and wife and both can file a case against the other. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence. So, you need to consult with an Advocate in detail for further guidance and steps.
The Hindu Marriage Act, 1955 (HMA) has specified certain grounds required for the plea of divorce. Cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue marital relations. The Supreme Court in the case of Samar Ghosh v. Jaya Ghosh, 2007 has listed down certain illustrations of mental cruelty. A few of them are listed below: Severe mental pain, disappointment, and frustration making it impossible for the other party to further continue the matrimonial relationship would constitute mental cruelty. The appellant must be subjected to mental cruelty continuously for a longer period. The behavior of the other spouse must cause apprehension in the mind of the appellant. It must be grave and weighty. Demand for dowry, act affecting the reputation of either party or also making unfounded allegations constitute mental cruelty. Either of the spouses can seek the decree of divorce on the grounds of cruelty that is to say the ground is available for both husband and wife and both can file a case against the other. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence. So, you need to consult with an Advocate in detail for further guidance and steps.
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A.Dear Client,
Section 499 - Defamation: If false accusations are damaging your reputation, you might consider invoking the defamation law under Section 499 of the IPC. Defamation is the act of making false statements that harm a person's reputation. If you can prove that false statements have been made against you, you can file a complaint under this section.
Section 500 - Punishment for Defamation: This section outlines the punishment for defamation. If someone is found guilty of defamation, they can be punished with imprisonment and/or a fine.
Section 506 - Criminal Intimidation: If your wife or her parents are threatening you with false accusations, you might consider invoking Section 506 of the IPC. This section deals with criminal intimidation, which involves threatening a person with injury to reputation or property.
Section 504 - Intentional Insult with Intent to Provoke Breach of the Peace: If false accusations are causing intentional insult and are likely to provoke a breach of the peace, you might consider invoking Section 504 of the IPC.
Section 511 - Attempt to Commit Offences Punishable with Imprisonment: If there is an attempt to falsely implicate you or your parents under Section 498A (cruelty to women by husband or his relatives) of the IPC, you might consider invoking Section 511. This section deals with the punishment for attempting to commit offenses that are punishable with imprisonment.
Section 107 - Abetment of a Thing: If someone is aiding, instigating, or encouraging false accusations or harassment, you might consider invoking Section 107 of the IPC, which deals with abetment.
Section 182 - False Information, with Intent to Cause Public Servant to Use his Lawful Power to the Injury of Another Person: If someone provides false information to a public servant with the intent to cause harm, you might consider invoking Section 182 of the IPC.
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Section 499 - Defamation: If false accusations are damaging your reputation, you might consider invoking the defamation law under Section 499 of the IPC. Defamation is the act of making false statements that harm a person's reputation. If you can prove that false statements have been made against you, you can file a complaint under this section.
Section 500 - Punishment for Defamation: This section outlines the punishment for defamation. If someone is found guilty of defamation, they can be punished with imprisonment and/or a fine.
Section 506 - Criminal Intimidation: If your wife or her parents are threatening you with false accusations, you might consider invoking Section 506 of the IPC. This section deals with criminal intimidation, which involves threatening a person with injury to reputation or property.
Section 504 - Intentional Insult with Intent to Provoke Breach of the Peace: If false accusations are causing intentional insult and are likely to provoke a breach of the peace, you might consider invoking Section 504 of the IPC.
Section 511 - Attempt to Commit Offences Punishable with Imprisonment: If there is an attempt to falsely implicate you or your parents under Section 498A (cruelty to women by husband or his relatives) of the IPC, you might consider invoking Section 511. This section deals with the punishment for attempting to commit offenses that are punishable with imprisonment.
Section 107 - Abetment of a Thing: If someone is aiding, instigating, or encouraging false accusations or harassment, you might consider invoking Section 107 of the IPC, which deals with abetment.
Section 182 - False Information, with Intent to Cause Public Servant to Use his Lawful Power to the Injury of Another Person: If someone provides false information to a public servant with the intent to cause harm, you might consider invoking Section 182 of the IPC.
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