if wife files a true 498a case and husband and his family members are sent to remand for a 1week then based on that can husband can file for divorce? will the divorce be issued to him?
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1. Filing of 498A case or remaining in custody in connection thereto is not a ground for divorce.
2. The husband can nevertheless file suit fir divorce if any cruelty was perpetrated upon him by the wife.
3. Divorce is granted only if the allegations are proved.
1) merely because you were placed in custody for one week in 498A case is no ground for divorce .
2) only if allegations are proved to be false can you file for divorce on said ground . number of judgements on the issue that false 498A case amounts to mental cruelty .
3) if chances of reconciliation are bleak and marriage has collapsed file for divorce
Dear Querist
If the dowry case is false and the acvused may prove their innocence before the court then the husband may file divorce case against wife otherwise not.
Filing false cases comes under cruelty.
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Filing of false cases amounts to cruelty and on that ground divorce case can be filed.To get divorce ,one has to prove cruelty.
