• False ground of divorce by husband.

Please advice me for my sister based on the facts presented below:
1. Roka ceremony between Girl, G and Boy, B took place on may 2014.
2. B working in private sector lost his job in august 2014.
3. B started putting pressure on G to work before marriage is solemnized.
4. B sent an anonymous mail to brother of G mentioning that : he is not interested in marriage, has a loan of 5-6 lakhs and affairs with some other girls. In mail it was advice not to proceed with marriage.
5. Due to social pressure and less time left in marriage which was scheduled on Jan 2015, the e mail was ignored as B denied sending any such mail.
6. marriage took place on Jan 2015 and on morning itself relatives of B started asking for a car. but G's relatives have already given cash, jewellery alongwith other items. 
7. Within few months(3-4) B started putting pressure on G to take a 5 lakh loan on her behalf so that he can repay his loan. G denied any such demand.
8. G got pregnant in april 2015 and B wanted to abort her pregnancy.
9. G moves to her maternal home as B wanted that G should do all household chores since she is not working, despite the fact G health was not allowing so.
10. B did not took any care of G during her whole pregnancy and she spent 90% of her time in her maternal home.
11. On Jan 2016 a baby girl was born but B did not afford to take care of any responsibility towards either his wife or his child. 
12. After spending 4 more months at her maternal home, G moves to her matrimonial home alongwith her child. however the physical and mental continues.
13. G got pregnant one more time in june 2016. however this time B convinced G to abort the child.
14. In august 2016 G goes to her maternal home and B files a case of Restitution of conjugal rights putting wrong blames on G.
15. after so much trauma G files a case against B in CAW cell.
16. B convinced G to take the case back and happily took her to matrimonial home in october, 2016 after the decree of family court to restore conjugal rights.
17. G visits her maternal home for bhaiya dooj festival and B loses his temper on this issue.
18. After repeated attempt by G to return to her matrimonial house B kept denying entry to her, however G moves to her matrimonial home alongwith her baby.
19. In December 2016, B assaulted G over petty issue alongwith verbal abuse and matter reaches police. After medical examination G moves to her maternal home and police officials asked to resolve the matter through court.
20. In January 2017, B sent a court notice for divorce from G on the ground of cruelty in Hindu marriage Act.
21. what could be our future course of action to get justice in such a case?
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1) wife should file DV case against her husband and seek right to stay in matrimonial home , maintenance for herself and her child , compensation for mental torture undergone by her

2) wife should also file 498A case against husband for continuous acts of cruelty

3) wife should also contest the divorce proceedings if she wants to save her marriage

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1) husband has to prove allegations of mental cruelty

2) you can contest the divorce proceedings and file cases against him as advised herein above

3) mother is generally awarded custody of the child , father is awarded visitation rights

4) even if husband is not working it does not absolve him of his liability to pay maintenance

5) you can always arrive at an amicable settlement in 498A case and husband can apply for quashing of complaint in HC

6) RCR is useless . Even if you obtain a decree you cannot force husband to stay with you

7) if false allegations are made in petition wife can file defamation case against husband

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. The ground of cruelty is to be proved. Mere allegations is not enough.however in divorce suit the degree of proof is not hard.

2. No , he can not and if you prove this fact the divorce would be refused to him as he being himself the perpetrator of wrong cannot take advantage of his won wrongs.

3. The child will continue to be of both of you even after divorce or remarriage.

4. By producing witnesses which you will have to counter by producing counter witnesses.

5. No

6. No , very unlikely.

7. Not much though there is no harm in filing it.

8. Not. The court decides the case on final adjudication only.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

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