06 October 2017
Hi, in one of the contested divorce cases, the wife has falsely accused her husband of cruelty and demands divorce. The Husband wishes to contest on the grounds that he was not cruel and infact spend lacs of rupees for the wife’s comfort and the wife is falsely accusing him. The husband has all the bills and bank statements in this regard. Now the husband wishes to file a suit for recovery of the amount. What legal recourse is available to him? Can he firsts end a simple legal notice demanding recovery of the said amount?? Or directly file a suit in a Civil Court? Also if the husband wants to counter file a suit for defamation and wrongly accusing him of cruelty, can he do so?
06 October 2017
Both cases will fail and husband will fall flat on his face. Any gift given to wife by husband becomes her Istridhan that is the exclusive property of the wife and the husband cannot claim it back and so is for money he spent on her, it cannot be claimed back. No civil suit will get him any relief. As for defamation is concerned let the family court decide cruelty was done by wife and her acts brought disrespect to the husband in the society and before his known to people, which amounted to defamation for which he should be compensated. Unless a positive judgment to this effect is got from the court, not even civil suit for defamation be successful for husband. How much time it will take and will the judgment coming in favour of husband is anyone guess, keep guessing, till both agree for divorce by mutual consent, after settling all disputes amicably.
09 October 2017
Agreeing with Mr. Vijay Raj Mahahjan.
The spouse is under obligation not to neglect the other spouse. Husband is under obligation to provide for care and reasonable comfort of wife. If husband has irrefutable evidence of providing the same then it is in favor of husband and wife may not be able to prove cruelty atleast on this ground. On the contrary husband may success to convince the presiding officer.