• Allegation by wife

Wife through lawyer has put an alligation that i have forced my wife for sexual intimacy while she was mensurating and upon showing discomfort i have absued her physically and verbally.

what precaution i should take and can i put character assination charge to her since she go out of home without intimating me.

plse advise
Asked 2 years ago in Family Law
Religion: Hindu

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24 Answers

Deny allegations made by wife in reply to legal notice 

 

burden of proof is upon wife to prove the allegations 

Ajay Sethi
Advocate, Mumbai
94709 Answers
7529 Consultations

5.0 on 5.0

These are baseless accusations which your wife can’t prove. However, you can say that you have taken utmost all the care to the wife when she’s in menstruation cycle and which can be substantiated by your family members.

Harshad Joshi
Advocate, Ahmedabad
55 Answers

Not rated

You may have to give a suitable reply denying her allegations through a lawyer in a reply notice. 

You cannot file any case against for leaving the house without your permission. 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

You need to first see understand which section complain is filed. If any FIR filed then take anticipatory bail immediately. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Hi, If she pleaded in her divorce petition you can denied it.  If they made oral allegation you can ignore it.  Suppose, if she made an allegation it does not mean that she has prove the same. Making allegation is entirely different from proving the same.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Dear Sir,

1. Conduct of a spouse leveling false accusations against the other spouse would be an act of cruelty and ground for divorce. If it is found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse levelilng false accusations against the other spouse would be an act of cruelty.

2. you can not charge her for going out of the home without intimating you.

Thank You!

Anik Miu
Advocate, Bangalore
8869 Answers
110 Consultations

4.7 on 5.0

- As per law, 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, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Hence, she cannot take any legal action against you , as this not showing a continued harassments to her. 

- Reply that such allegations are malafide and only to take undue advantage from her husband , and having no value in the eye of law. 

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

only these are the allegations or there is more ?

You are concerned only by this allegation ?

Allegation can be put but they have to be proven also. 

 

No case can be put on her for leaving house without informing you. 

she is not your servant or slave to take your permission.

if you said this sentence in court then forget to win the case. 

 

Once you win the case then you can go ahead with other cases. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

The grounds sought for transfer seems to be genuine in the thoughts of supreme court. 

Being a lady the transfer petition even challenged vehemently she may get a favorable judgment 

However this cannot prevent you from defending your case,  hence you can file a counter through a lawyer practicing in supreme court. 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

Frankly convenience of wife is considered and divorce petition would be transferred to Bhubaneswar 

Ajay Sethi
Advocate, Mumbai
94709 Answers
7529 Consultations

5.0 on 5.0

- Supreme court may preferred her destination for her appearance before the family court in the said case.

- However, you can file reply of the said petition after mentioning that she having sufficient meaning to reach the Lucknow. 

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

Yes you can appear in the same and oppose it on merits before SC

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

1) on next date inform the court that there is no possibility of settlement and to pass orders on transfer petition 

 

2) these are dilatory tactics being adopted by your wife 

 

3) however please note that generally transfer petitions are decided in favour of wife and court transfers cases in court wherein wife has sought transfer 

Ajay Sethi
Advocate, Mumbai
94709 Answers
7529 Consultations

5.0 on 5.0

If settlement happens SC can imitate it. If the conditions are not agreeable to you then you can proceed without settlement and pray for disposing the petition on merits

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

If there is evidence of the matter being referred to supreme court, you have no option than to wait for the decision to be delivered e by supreme court.

If you are required to attend the mediation at supreme court, then you may be prepared for that on getting a notice about it.

 

 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

Dear Client, 

Deny allegations made by your wife and the burden of proof to prove these allegations is on your wife. 

Anik Miu
Advocate, Bangalore
8869 Answers
110 Consultations

4.7 on 5.0

- Settle the dispute in the mediation of the Court. 

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

Ask your lawyer to argue and finalize the matter on the next date since the pleadings have now been exchanged 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You have to fight case in Bubneshwar.

You are in hurry to get divorce ?

you have choice not to attend mediation for settlement. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

You can inform the court that mediation has failed on SC and you are not interested in proceeding with mediation 

 

2) if mediation fails court would direct to proceed with the case 

Ajay Sethi
Advocate, Mumbai
94709 Answers
7529 Consultations

5.0 on 5.0

Whether you are interested or not, it is a procedure to be followed, without which the court may not progress the divorce case, if you are not interested for any reconciliation, you can inform the mediators accordingly and request them to revert the matter to the trial court.

 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

Dear Client,

It is not mandatory to go through mediation again in Bhubaneshwar court if you are not interested. However, the court may still order mediation if it feels that it would be helpful. If you choose not to go to mediation, the court may proceed with the divorce case without your consent.

The court will also consider the fact that mediation has already failed in the Supreme Court. This may make it more likely that the court will order mediation in Bhubaneshwar. However, the final decision will be up to the judge.

If you choose to fight the case, the court will likely hear arguments from both sides and then make a decision about whether to grant the divorce. The court will consider all of the relevant factors, including the reasons for the divorce, the evidence presented by both sides.

It is important to speak to your lawyer about your options and to get their advice on how to proceed. he will be able to help you understand the law and the court's likely decision.

Here are some of the possible consequences of choosing not to go to mediation in Bhubaneshwar:

  • The court may order mediation anyway.
  • The court may take longer to reach a decision.
  • The court may be less likely to grant the divorce.

It is important to weigh the pros and cons of mediation before making a decision. If you are not interested in mediation.

 

Anik Miu
Advocate, Bangalore
8869 Answers
110 Consultations

4.7 on 5.0

- The mediation is needed if both parties wanted to reconcile the dispute , and hence the mediation is not mandatory and you can refused for the same. 

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

If you don’t go for mediation it will be remanded back in court for regular dates and proceedings 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

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