• Divorce for cruelty of wife

I have filed case for cruelty against my wife. However because of her threat I had leave my house.
Now her lawyer stating that I was absconding. Please advise what is best to counter argue on this?
I was always in her touch she was fine with it.
Asked 3 months ago in Civil Law from Chennai, Tamil Nadu

The version of her lawyer has nothing to do with the dispute or merit of case  if any filed.

2. A disgruntled souse has every right to leave matrimonial home and no law forces a party to stay with another spouse against the will. SO you have done no wrong.

3. However if your wife is unemployed person you are bound to give her maintenance @ 1/3rd- 1/4th of your income.

Devajyoti Barman
Advocate, Kolkata
17972 Answers
258 Consultations

5.0 on 5.0

Make a police complain if possible lodge FIR for her threating.Come back and stay in your house. If police do not take FIR file criminal case under sec.156 to magistrate. 

Kallol Majumdar
Advocate, Kolkata
1623 Answers
2 Consultations

5.0 on 5.0

Deny that you absconded 

 

2) that you were forced to leave your house on account of continuous acts of cruelty by wife 

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

Have you filed divorce on the ground of cruelty or criminal case ? 

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

You can argue same by statingnthat you were forced to.leave the house because of false threats and intimidation by your wife and producue evidence that you tried.contacting her .

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

You can continue the said case of cruelty in court

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

Absconding? Is that the exact word used by her lawyer in court?? If it is, you don't need to counter it as it's you who has filed the case; and a person who files any case and appears during hearings either in person; or through his advocate, is not regarded as absconding under the law

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1163 Answers
3 Consultations

4.4 on 5.0

Respected sir... 

Be present in the court and fight the case strongly if you have sufficient means of evidence then you need not to worry about it... And ask your lawyer to represent the case strongly... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Hello,

please share the allegations that have been levelled by you and also the counter allegations. Share the facts in detail so that a concrete advise can be rendered to you.

 

regards

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

you should argue that your wife continuesly  torturing and threatening and forced to leave your house. 

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

Whom he is saying if he is saying in the court appear before the court and say here I am , I am not absconding and give your presence on each and every date of the case and obtain the certified copies of the daily order sheet and show who so ever ask you. 

Koshal Kumar Vatsa
Advocate, Gurgaon
1805 Answers
1 Consultation

5.0 on 5.0

You have to produce in court that you are not absconding and you are not living with her because of the quality that she was doing video you can contest the case there may be other instances that you will have to face this kind of words from their opponent advocate but your advocate has to give the answer to these allegations in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
5594 Answers
19 Consultations

4.9 on 5.0

- As you have mentioned that you have filed a case for cruelty against your wife , it means you filed Divorce case on the ground of Cruelty. 

- It is not cleared that your wife has also filed cases against you as well.

- If, you will not appeared in your filed case , then the case will be dismissed , and it would benefited to your wife.

- Further, if your wife has also filed cases against you in the court of law, then the Court will pass Ex-Parte order against you and will issue warrant against you in criminal case , if any filed by your wife.

- Leaving your house  is not permanent solution , better appear before the court and informed the court , that you have left your house due to continue threatening for life . You should lodge your complaint before the police of your area for the said threatening . 

- Since, you are in touch of her , then you should resolve your problem through concilation and Mutual divorce.

 

Good luck and dont forget to rating positively. 

Mohammed Shahzad
Advocate, Delhi
799 Answers
18 Consultations

5.0 on 5.0

You say you have no intention of evading the due process of law. If you have any evidence of being in contact with your wife, you may produce in in your support.

Swaminathan Neelakantan
Advocate, Coimbatore
577 Answers
4 Consultations

4.9 on 5.0

You just dont bother about her lawyer's expression.

You pretty well know what is going on.

Since you have filed a divorce case against her on the grounds of cruelty, there is no question of desertion, let them prove it which can be countered properly.

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

Courter the claim of her lawyer by appearing in court and giving your statement. That you are not going to home due to danger from your wife as she is aggressive in nature and does physical harm to you.

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

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