Filing divorce under cruelty
My husband and I are directors of a private limited company.
I have strong suspicion that he had an affair with an employee.
But he denied. I spoke to that employee. Also my father and sister spoke to that employee and now she is no longer coming to office for the past 3 months.
I even followed then using detective agency but i got no good evidence.
Now my husband has said he is going to file for divorce under cruelty because of my suspiscion on him and making him lose an employee.
The girl is also now saying she will sue me, my father and my sister for criminal intimidation.
What are my options legally?
Asked 3 years ago in Family Law from Chennai, Tamil Nadu
If he files for divorce then you may either contest the case filed by him or agree to give him divorce. The employee whom you suspected of having an affair with your husband may file for criminal intimidation and damages. As and when she files the case you would have to contest her case as in the event of her succeeding to prove her allegations you may be sent to jail on conviction.
if your husband files case of divorce you have first decide what u want, if u prefer divorce u may go for mutual consent divorce which is easy. if not then contest it . mind contested divorce take several years to get finalised. on the other hand that girl files case u contest it properly as it is not that easy to prove such allegations
Advocate, Greater Noida
Hi. filing a divorce under cruelty is not sufficient he has to establish his case before the court it is very difficult........it is better contest the case if he filed a divorce.
even if your husband files for divorce he has to prove allegations in court . you can contest the divorce proceedings .
if employees files case of criminal intimidation you have to contest it on merits . mere fact that your father and sister spoke to employee does not amount to criminal intimidation
Thank you experts for your answers.
It so happens that when my father and sister spoke to her, they did use some threatening words and scolded her some.
Without a recording of the conversation or any witness to the incident, is it still possible for her to file against me and my family?
my lawyer says it is the burden of the defendant to prove the claims against them are false... so can she file a case without any recording or any witness to the incident?
please clarify this. thank you.
Asked 3 years ago
you have to deny that threatening words were used . there is no recording of any conversation . she can file case but she has to prove the allegations made in court
Your lawyer is right. She is the one who is required to prove the allegations. She may certainly file the case, but without any proof her case will not stand in court. You can move for quashing of the case if she does not produce any proof in support of her allegations in court.
Fighting a legal battle is not an essay task,it take years to get justice,every act of the accused has to be proved and in most of the cases complainant disappears .you do not have to worry so much as it is simply clear that you suspected her of having relation with your husband,obviously there will be some reasons for that
Advocate, New Delhi
The said employee does have a recording of my father and sister talking to her. My father and sister have in emotional status used certain words that are intimidating.
I believe she might have a strong case against us.
Speaking to her lawyer we learnt that upon giving a written apology and compensation damages, she is willing to drop the case.
What is the maximum she can claim in this case? Can she claim 45 lakhs (15 lakhs from each of us)Can we refute the amount she claims or got to court for the same?
Please advise. Thank you.
Asked 3 years ago
Rs 45 lakhs ? are you out of your mind ? ridiculous . under no circumstances give a written apology and pay compensation damages . it would be better for you to engage a good lawyer in Chennai and fight case on merits .even if she has recording she has to prove that contents of recording have not been manipulated .
the problem madam with you is you do not state entire facts of your case when you raise a query . based on replies received from experts additional facts are placed on record by you .
it is in your interest to contact a lawyer in chennai and brief him about your case
You must not give up. You must contest the case, if any through seasoned layer.
In both the cases you deny the allegations ( cruelty as well as intimidation). It up to them to prove the allegation. You have good case. Contest the case with the help of Advocate. Even that employee may not be interested in getting in to litigation as all the allegations and counter allegations gets recorded officially. Don't budge to their threat and agree to pay compensation.
you are the better judge of the situtation
Advocate, New Delhi
It is preposterous to even think that she can get 45 lakhs as damages. Do not apologize under any circumstances as this will lend credence to her case inasmuch as you will be declaring yourself to be guilty. It is in your interest to immediately engage a lawyer and let him handle your case and chalk out your defence.