• Is false abortion allegations ground for divorce?

I filed divorce case against my wife. In a response, she filed domestic violence case.
In this case, she puts allegations of forcefully abortion of 3 months on me & my parents. Even though, it was 2 months miscarriage. We abort child from reputed hospital with proper diagnose. They first did ultrasound & diagnose of having miscarriage. 
Hospital is ready to give documents to support on miscarriage.

Is this cruelty & help me to get divorce?
Asked 6 years ago in Family Law
Religion: Sikh

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17 Answers

wife making false allegations that husband forced her to undergo abortion amounts to mental cruelty 

 

2) it would help you in obtaining divorce 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Levelling of false and heinous allegations against the spouse amounts to cruelty and is a valid down for divorce.

So, you should give a befitting reply for the DV case filed against you and your parents when you should deny all the allegations levelled by her as well as adduce documentary evidences such as hospital records along with your reply.

As the allegations has been levelled by her, the onus of proof to prove her case beyond reasonable doubt is on her and if she fails to do so, you would not be penalised at all. 

Also, you should file the medical documents of abortion along with your rejoinder in the divorce case.

 

Regards.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Yes, this a sheer lie for which you can file a perjury petition in the same court.

In your written statement you can raise the counter claim of divorce but making a lie in court is not a ground of divorce nor it is a mental cruelty since it is done at a time when both of you are residing separately. 

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

 a lie has been stated before the court so as to mislead it. If it can be proved then not only the wife is guilty of cruelty, she can be punished by the court for perjury.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes,  you can file divorce on the grounds of Creulty. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

 

- Wife putting wrong allegation against husband considers to be mental cruelty and many judgement from Supreme Court given in past

- Important Case Laws Cited/relied upon:
Srinivas Rao v. D.A. Deepa 2013 (5) SCC 226.
Ravi Kumar v. Julmidevi 2010 (4) SCC 476.

- Lodging false case under Section 498A of IPC is Cruelty and Ground for Divorce (Case Citation: Mrs. Christine Lazarus Menezes v. Mr. Lazarus Peter Menezes (Bombay High Court))

- You can submit your statement opposing wrong allegations along with all proofs and doctors details

- There are ample cases with same issues where Hon'able court gave the verdict in favor of Husband

- Incase needed any further help do feel free to contact. 

 

 

Regards

 

Vivek Arya


Just FYI 

 

The Delhi High Court in Sandhya Kumari vs. Manish Kumar, has dissolved their marriage as it could ‘clearly see that their marriage had broken down and they were inflicting mental torture, resulting in cruelty, on each other by raising false allegations against each other’.
Dated : 25 Oct 2016

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Try to impress upon the Court that her false allegations against you, accusing you having forced her for abortion, has caused mental cruelty to you. 

In a like case, the Delhi High Court has held that wife's false allegations of infidelity amounts to cruelty. The same logic applies here. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

You can call for document by filing application before the court and hospital authorities are bound to submit the same before the court.  You may file one or two appropriate cases against her.  If possible ask your to file DV case against your wife which is permissible as per recent Supreme court judgment.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Client,

Filing false cases amounts to cruelty and ground of divorce. Submit medical document in domestic violence case, once it is proved that her allegations are false, your prayer of divorce will substantiate.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Yes you can take this as cruelty and false allegation ground in divorce proceedings and filing false cases amount to cruelty this would help you to get divorce

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) Yes, this can be added as cruelty point in the case filed. Plus you can deny whatever false allegations are raised against you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

if the wife makes any false allegation upon the husband,

its mental cruelty

and in your case as you are able to prove the same with the help of authenticated documents,

therefore, its mental cruelty and will help you in getting the divorce

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

There is nothing to worry about in this case you have to take up the matter and take the document from the hospital and produce in the court in case it is required and if you feel that anticipatory bail is required then please arrange anticipatory bail in case of any arrest it will help you ultimately the police report will get all the dust  clear.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You don't have to worry. Produce the said documents in cross examination and confront her. Her case of cruelty will be failed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. False allegation of abortion is a ground of divorce, but it has to be proved that allegations were false.

2. Since you have already applied for divorce you cannot file a fresh petition on the ground of false allegations of abortion unless the present petition is decided or withdrawn. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

She has blamed you to be responsible for the abortion, whereas she has not let in the evidence yet in the domestic violence case, if so, first allow her to step into the witness box, get her evidence recorded, after which you can, in your cross examination, produce the documentary evidence namely the hospital records and get her allegations against you nullified.

Since you have already filed the divorce case, you cannot include the subsequent developments in your favor.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you all have been harassed after filing false cases agaisnt you and your parents who might not have any connection with the same.
  2. Yes, this can be the ground for metal truama on you, but if you have not made it as part of your divorce petition then please as soon as possible make it part of the same after filing an application for amendment of pleadings.
  3. Otheriwse even if you happen to win the case of DV Ben also you may not be able to put that argument so strongly in your divorce case irrespective of the fact that you may have several other grounds also.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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