• My husband filed for divorce on grounds of cruelty

My husband filed for divorce under cruelty ground section, , stating that I have shown cruelty to his mother and sister by writing a vulgar comment about them in a website.  But that content has been erased from the website. 

Real fact is that I have undergone dowry harassment and domestic violence from my in laws and husband. But didn't file any comola against them thinking that they might change one day.  But things turned out bad against me.  My husband works as legal department head in a media channel so he has filed for divorce snd fir with strong evidence.  Now can I stop this divorce or file complaint on him by proving that he filed false allegations on me by showing medical records
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) you can contest the divorce proceedings . 

2) writing vulgar comments on your mother in law / sister on social website would amount to mental cruelty 

3) however allegations made in divorce petition has to be proved . you can deny having posted these comments on website . 

4)if you have been victim of dowry harassment you can file complaint under 498A before local police station . 

5) you can also file case under Domestic violence act against your husband and in laws . 

6) if you have evidence to support your allegations you can proceed with filing of counter cases
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

Once a suit has been filed then you should contest by filing Written Statement along with a petition for interim alimony.You can stay with  husband;s house or at his place of residence even if a petition for divorce has been filed by you against him or by him against you.You  can always stay at his house even before filing or during pendency or after getting decree for restitution of conjugal right. Similarly the term desertion means to discontinue the legal  relationship between husband & you even if both live under the same roof.  The essence of marriage & desertion and also cruelty as held by the Supreme Court in one of its Judgment is “Desertion, for the purpose of seeking divorce under the Act, 

 You can claim if you is unable to maintain yourself at the time of passing of any decree or at any time subsequent thereto, the court can grant your this financial assistance but based on the income & property of both parties. Now the decree of divorce whether based on the ground of cruelty is concerned it hardly matters for this sort of Permanent alimony and maintenance under the Marriage Act applicable to parties under which you got married & have claimed divorce. The only provision of Indian law where a wife indulging in the act of adultery is not allowed to get any monthly maintenance from her husband is under section 125 of the Criminal Procedure Code. If, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.
Minansu Bhadra
Advocate, Kolkata
384 Answers
28 Consultations

4.9 on 5.0

As rightly advised by the experts above, you should defend the divorce petition by hiring an advocate.Being a wife you have many legal options to defend your divorce as well as to initiate legal steps to ensure your legal rights.

are you staying with your husband? what medical reports he has against you? any children in this marriage?

1. You can disprove his claims of cruelty , file your  written statement and let your lawyer decide the plot and defense of your case.You provide all information factually and sincerely to your advocate.

2. If you are staying in your husband's house continue to stay and file a domestic violence complaint under protection of woman from domestic violence  act 2005, not to throw  you out of the matrimonial home, seek maintenance and other relief under the act. A domestic violence petition has to be filed only if necessary   and depending on the circumstances of your divorce case and the relief you need.You can ask for maintence if you are not working and not capable of maintaining yourself.The same can be sought in adivorce court or in a criminal petition under sec.125 Cr.P.C

3.You should lodge and FIR under 498A, consult your advocate regarding this as your complaint should not be just marked as an NC in the police station as your husband can spoil it.

4. If you do not wish to go ahead with a divorce it is advisable to file an RCR , but an RCR order cannot be executed if your husband chose not to keep a matrimonial relationship with you despite an RCR order. This however  will help you in defense as you are taking steps to save your marriage
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

Hi, even though he filed a petition on the ground of cruelty but the allegation in the petition has to proved before the Hon'ble Court then only he will get the divorce on the ground of cruelty.

2. Though you may have written some thing about your mother-in-law and sister that allegation has to prove before the court and burden lies on him to prove.

3. Without your consent he will not get the divorce on the ground of cruelty.

4. File a complaint before the police station for demand for  dowry and domestic violence.

5. File an application in the same proceedings for maintenance as your husband is failed and neglected to maintain you.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. If you have complaint against your in laws for dowry harassment, there is a legal platform where you can seek justice and relief,

2. Writing vulgur coments about in laws in website is certainly part of cruelty,

3. Your husband and inlaws can also prosecute you by bringing charge of defamation in addition to filing divorce suit,

4. It hardly matters if you have deleted your said vulgur comments now,

5. You can file DV case and/or complaint u/s498A of IPC against your husband and inlaws,

6. You shall have to contest the divorce suit filed by your husband against you if you do not want to give him divorce,

7. Engage a lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
18406 Answers
447 Consultations

5.0 on 5.0

1) First of all you need to contest the divorce petition filed by your husband under provisions of cruelty. 

2) Regardless of what the allegations leveled against you are  they need to be proved with supporting evidence to get a decree of divorce.

3) Besides defending yourself there are laws and provisions that will support you as a legally wedded wife to your husband. You can file for maintenance for yourself and children if you have any.

4) File a complaint against your husband and in laws for dowry harassment and initiate a Domestic Violence case against your husband and in laws. If you happen to be staying away from your husband you can demand shared accommodation, maintenance and protection under the DV provisions as well.

5) Engage a local lawyer immediately who will help formulate strategies regarding further legal procedures in your defence.
S J Mathew
Advocate, Mumbai
2240 Answers
110 Consultations

5.0 on 5.0

1. You have the right to engage a lawyer to contest the divorce proceedings initiated by your husband. Unless he proves the allegations leveled by him he wont get divorce from the court. 

2. To remedy the dowry harassment meted out to you, you may file a criminal case for dowry harassment against your in laws and husband.

3. You can also file a case for domestic violence to seek maintenance and compensation for the abuse suffered by you. 

4. To post vulgar comments on a website is an instance of cruelty. It is immaterial whether the comment can still be accessed, or has been erased from the website.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Dear Querist
you may fight the case on merit.

appear before family court where the divorce proceedings are pending and file your reply against him with the help of lawyer if you are unable to fight your case yourself.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

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