cruelty

Querist : Anonymous (Querist) 02 February 2011 This query is : Resolved
husband has left wife and had gone abroad without informing the wife ( as wife has gone to delivery). Boy was born on the day he left to abroad, information was given to husband that child has born, but neglected and went abroad. wife keeps on mailing but no reply from husband. after one year wife met husband in india, where he has came for vacation for one month. wife went to matrimonial home to take back her, but husband and in law refused and beated the wife to go out. wife file FIR husband has beaten her. Now husband file divorce, under cruelty that wife has filed false dowry harrasement on him. but wife filed a case only on harrasing her. will it pay cruelty on wife side to husband.

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Raj Kumar Makkad (Expert) 02 February 2011
No. The case filed by wife is based upon facts so it is not cruelty otherwise also if this case is dismissed means husband is exonerated from charges only then it can be presumed that wife levelled false allegations against him coming within cruelty.