• Domestic violence

If a wife file a divorce case against her husband stating false domestic violence , Will court support her ? What proof does she have to furnish at the court ? If husband is innocent, Will he get justice

chinmay
Asked 2 years ago in Family Law from Surat, Gujarat
Religion: Hindu
it is very difficult to get divorce,it is always advised for everybody to go for mutual divorce
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. If you contest the said divorce case filed with false allegation, it will be difficult for her to prove the same,

2. Engage a lawyer having expertise in the filed to contest the case fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi,
 if your wife files for divorce on grounds of cruelty that is based on domestic violence and in case of a complaint before the police about the physical assault,,then there is sufficient reason to get divorce. It again depends on the case it has been made out to bring the element of cruelty and production of evidence, witness to support that. So your defend should be to disprove her allegations. She will have to have a police complaint to support the instances of violence and physical assault, cruelty can be by her statements along with any proof, and if any other witness her or your relatives, friends etc can help to prove the case in this regard.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
she has o prove her allegations in court. if you donot want divorce fight the case
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
What kind of justice you are looking for in a divorce matter? Getting a court order in your favour, you need proper and sufficient documentary evidence. fight the case on merit, if your wife is wrong, the court will decide against her.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
If she ptoved the allegations then court may pass divorce orderd but if not then court dismissed her petition. 
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Proof depends and varies with fact situation of each case.
2. if you are innocent then you have nothing to worry.
3. It is quasi-criminal case and the result of the case would be limited to quantum of maintenance  to your wife only, There is
no question of punishment as long as the order of the court is complied with.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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You need to contest the case strongly to prove that her case is false,court will dismiss it.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) if your wife has filed for divorce on grounds of mental cruelty she ahs to prove the allegations in court . 

2) if she has been victim of physical assault whether she has filed police complaint against you . any medical certificate as to nature of said injuries . 

3) she will have to examine witnesses to prove her allegations of DV
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0

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