If wife has harassed you with false 498a cases will it benefit your divorce case?

The answer to this is Yes..Court considers that falsely implicating husband and relatives of the husband in false 498a/dowry cases would tat amounts to mental cruelty on the husband and then he is entitled for the divorce under HMA.

But the issue is this it takes a lot of time in deciding 498a and divorce cases both and if you do not get success in the 498a case at the trial court level then you can use the same at High Court level. The court needs acquittal order in 498a case. So the clear strategy is to file Divorce case 1-2 years after 498a case so that you can use acquittal judgement of 498a to get divorce.

See my analysis of the cases below to understand it better.

In one of the cases at Delhi High Court,

Moreover, the initial complaint was against appellant and his father and also his family members namely, Dhurav Kumar, Ram Mehar and Ram Karan though after investigations, the Charge Sheet was filed only against the appellant and his father while allegations made against all the other persons were found to be not substantiated.

The wife who was supported by her family, had made allegations of dowry harassment against the family members which were found unsubstantiated during the investigations. Making such allegations against the family members who also had to suffer on account of appellant would naturally be a source of great mental harassment for the husband. It also reflects the vindictive attitude of the wife who merely to arm twist and to settle score with the husband, made such unsubstantiated allegations against appellant and his family members.

Court held:Making of such serious and unsubstantiated allegations without placing on record any evidence clearly reflects the vindictive nature of the respondent. It only shows that she has taken this stand to cover her own wrongs as she had adjustments issues owing to which she left the matrimonial home on multiple occasions.

The Court Granted Divorce

So even some of the relatives are discharged or quashed it can help you get divorce

498A Acquittal and Divorce

Will Acquittal in 498a get you divorce?

This is Chattisgarh High Court judgement which granted divorce as husband and family members gone through trial and got acquitted.

The examination of the facts of this case would show that the wife has lodged a complaint under Section 498-A, 506-B of IPC r/w Section 4 of the Dowry Prohibition Act. The husband and the family members of the husband passed through the trial and suffered a

conviction by the Court of Chief Judicial Magistrate. Subsequently, having challenged the same in the appeal, the Sessions Court acquitted them of the charges. The existing fact suggest that there are no chances of settlement and because of the report and the counter report of the allegations of each other, and there is an irretrievable break down of the marriage. It is obvious when the husband and the family members passed through the trial, the mental agony and the damage caused to their reputation in the society cannot be compensated and in appropriate cases the parties may lose their healthy way of life for all the time and to come.

Delhi High Court Judgement-Wife alleged rape allegations also

Further, it is not denied that the FIR No. 114/2014 under Section 498-A /323/376/341/34 IPC had been filed against respondent and his brother with the rape allegations. However, the FIR ended in acquittal vide judgment dated 22.11.2014 by the learned ASJ, South-West District, Dwarka Courts, New Delhi which exonerated the respondent and his brother of all the allegations made therein. The appellant has pursued her allegations by filing an Appeal against the Order of acquittal which is pending in this Court. Even though an appeal has been preferred, but this does not wash out the observations of the learned ASJ that the allegations were manipulative and false. Significantly, it has also emerged in the evidence that the appellant had consulted the lawyer before making the complaint on which FIR was registered. It cannot be overlooked that making serious allegations of not only dowry harassment but of rape against the family members of the respondent which are found to be false, is an act of extreme cruelty for which there can be no condonation.

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997