Asked February 21, 2017

False 498A Case Against me

  • 1 Answer

My wife filed false DVC & 498 cases. She was granted interim maintenance by MM in DVC. She submitted her chief examination report with the same allegations as in DVC case and now she is not appearing for her cross examination. Got to know that she flew to USA without informing the court for her higher studies. How should I proceed now? What options do I have? Appreciate any suggestions.

Answer 1

In false DVC and S. 498 cases, the first matter to be resolved is the interim maintenance. You need to make sure that the maintenance amount is as low as possible by establishing that your wife is financially independent. In this case as she has gone to the US for higher studies you may establish that she is financially strong enough and does not require your economic support. You may go for an appeal to the interim maintenance granted on these grounds and the court may pass an ex-parte order considering the absence of your wife.

Now, with regards to the false DVC & 498 case, if your wife comes back and the case proceeds then you may submit evidence to establish the falsity of these allegations in the form of photos, videos, letter, chats, etc. emphasising the happy moments to establish that there was no such violence as alleged by your wife. If your wife’s claims are false then she would anyway not be able to prove her allegations of cruelty and violence. Moreover, since your wife is the petitioner in the said DVC & 498 case, her continuous absence will be considered to be a default from her side and the court might dismiss the matter. Hence, you need not worry about these cases presently and should try and dispose off the maintenance matter.

Agree Comment 0 Agrees over 4 years ago

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