• Divorce case filed against husband on false allegations

My daughterin law has filed a divorce case against my son on false allegations.My son has got solid proof to prove all are false.Till child birth she was quite happy to be with him.But when she was with her parents after delivery some how her parents have made her to behave in a different way as they failed in their efforts to be with them fully ignoring us.
Now the case is in mediation stage.
My son do not prefer divorce and he wants her back with the male child.
But my daughter in law is afraid of her parents who are adamant in their stand. I request to your kind advice as to how we should proceed further.
Is it possible for them to win without proving the points mentioned in the notice?
Asked 2 months ago in Family Law
Religion: Hindu

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19 Answers

1. Since your son is not interested in obtaining divorce, let him file a suit for the Restitution of Conjugal Rights.

2. After filling for Restitution of Conjugal Rights and obtaining favourable order for RCR, still if your daughter-in-law does not join your son in their marital life, then her refusal to join your son in marital life, inspite of the Court order, will be a strong ground for your son to obtain divorce, without paying any alimony/maintenance amount.

3. Without proving the allegations, the case may likely to be dismissed. 

Shashidhar S. Sastry
Advocate, Bangalore
3618 Answers
207 Consultations

5.0 on 5.0

Dear sir, 

Since you are saying that currently the matter is at mediation stage, please try and negotiate as much as possible to an extent that it doesn't affect your family's personal interests. If, even after that there is no positive change, then unfortunately you will have to fight the matter by filing a counter wherein you would have to deny all the false allegations and add proofs for the court to consider. But, if time is of essence to you and your family, then you can settle the matter through money and get a mutual consent divorce by amending that divorce case that your daughter-in-law has filed. Do this, only after making her sign an MoU which reflects that all the disputes are resolved and no further disputes shall arise off that relationship. 

Sanjay Narayandas
Advocate, Hyderabad
51 Answers

5.0 on 5.0

Burden of proof is upon wife to prove allegations made in divorce petition 

 

2) if wife is unable to prove the allegations of mental cruelty petition would be dismissed 

 

3) seek joint custody of child 

 

4) court would award visitation rights atleast 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

Law is in favor of women. Only if she gives her evidence  in court, her case will be proved, no more proof is required from her side. Husband have to pay heavy maintenance during court proceeding and after divorce heavy sum as alimony. So settle with her amicably. Don’t give her excuse to go to lawyer. Once she visits lawyer, she will be knowing all law that is in her favor.

Ravi Shinde
Advocate, Hyderabad
1010 Answers
8 Consultations

5.0 on 5.0

Ask your son to remain in touch with her wife.  It would take time but table would turn surely. 

Since there is a child one must not loose hope of getting back both mother and child. 

Divorce decree is subject to proof of allegations. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

If yo want her back your son can file a case of restitution of conjugal rights before family court if she refuses to come back

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Hope you would have engaged a Counsel ro advice you accordingly.  However you can get an order if you want her to live with him which doesn't serve the purpose.  

What are the grounds of divorce?

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
1956 Answers
8 Consultations

4.9 on 5.0

Just because she has filed the divorce case, she cannot get divorce.

The court will go through the objections filed by the husband and also since she has made false allegations, your son's lawyer can cross examine her and nullify the allegations.

Once it is proved tht she has approached court with false allegations, the court may even dismiss the divorce case.

However for your information that if she is still not willing to live with him then she cannot be forced to live with him by court. 

He can file a petition for child custody subsequently.

 

 

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

Dear Sir/ Mam

1. You can sue her for false allegations made to him under different laws but as you said your son does not prefer any divorce so so can simple show the proofs relating to false allegations made by her and ask her to settle back with you providing your reasons to settle back. 

2. You need to make these things clear to mediator involved in your case. Mediator can help the other person changing her mind and settle back showing your concern and care indirectly.

3. They can't issue orders to her to settle back but they will help you to compromise and making confusions clear.

4. If your daughter in law wants to settle again she can keep her point to mediator and they will convey the merits to her parents and can advice them for benefits through the compromise.

5. You have full chance to disprove the said allegations and you won't be liable if mediator agrees with the same and other party is ready for compromise.

6. If nothing happens then the case will further be dragged to court and the consequences will be faced by other party.

 

Thank you

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Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

Please ask your son to stick to his stand of not being in favour of a divorce at the counselling sessions and also later when the case is posted again before the court. Without proving the allegations your daughter-in-law may not get a divorce decree in her favour. Meanwhile, let your son and his wife meet each other on one-to-one basis and resolve the issues between themselves without any third party interference. Let your son advise her that in case of a divorce, she would find it really hard either to get remarried (as she already has a child) or bring up the child as a single parent.

Swaminathan Neelakantan
Advocate, Coimbatore
833 Answers
14 Consultations

4.9 on 5.0

you can ask the court to conduct mediation if necessary through professional psychologists and try to conduct counselling to both the spouses, so that there might be of some use. 

 

unless they establish the allegations it would be very difficult for them to succeed in the divorce case. since your son has all the evidence, place it before the court if required at appropriate point of time with the help of your counsel.

Sricharan Telaprolu
Advocate, Hyderabad
106 Answers
22 Consultations

4.9 on 5.0

Dear Client,

False Allegations to are taken as mental cruelity, But you have to prove the same in the court.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, regular interference by the family members of wife is cruelty and a ground for divorce. 

- If, your son is interested to live with her and if she living with her parents , then your son can file a petition for conjugal rights for getting order in his support. 

- Further, without giving chance to prove against her , court cannot pass its judgment for divorce. 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

You cannot force parents to visit counsellor 

 

2) grand parents may not get visitation rights from court 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

1. As you have rightly suggested, your daughter-in-law's parents have to be given counselling and they have to be taken to an authorised matrimonial counseller and then the problem is likely to be resolved.

2.  You have an inherent right to see your grandson. You can approach court to get visitation rights.

Shashidhar S. Sastry
Advocate, Bangalore
3618 Answers
207 Consultations

5.0 on 5.0

Her parents cannot be counselled 

If she acts on the ill advise of her parents, it is she who has to be blamed.

She is a matured woman, she cannot act in an unjustified manner.

She do not have to listen to her parents ill advise if she is prudent enough and realises the responsibility of marital obligations.

If you want to see your grandchild, then your son has to file a child custody case and seek visitation rights in  which he can include your desire to visit your grandchild.

 

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

Please ask for professional counselling. If your daughter in law understood the things properly it might solve your queries. yes you can initiate legal process for seeking your grandson.

Sricharan Telaprolu
Advocate, Hyderabad
106 Answers
22 Consultations

4.9 on 5.0

Dear Maam/Sir,

1)The parents of the daughter in law cannot be forced to undertake mediation.

2) Your son should try to advice your daughter in law to take family mediation including parents form both sides in order to save their family.

3) In order to get visitation rights your son will have to file for custody of the child. 

Thank you

 

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

- Delhi High Court granted divorce to a man on the grounds of his in-laws’ frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.

- Hence, your daughter in laws parents interference in your sons married life is against the law , and can file a complaint against them.

- If they continuing to creating rift between your son and his wife, then advise your daughter in law to lodge a complaint  after mentioning that her parents are trying to break the marriage. 

- Yes, you can move an application for visitation right to see your grandson. 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

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