Character assasination
Guest
(Querist) 27 November 2010
This query is : Resolved
Iam 8 months married, i have been deserted by my husband & inlaws. Presently iam staying with my parents, me and my husband had small fights etc, so my husband and my inlaws started saying that we are incompatible and we should divorce eachother.But this is their choice not mine,iam very much interested to live with my husband,actually my mother in law wants my husband to remarry. anyway now my problem is my husband and my inlaws are inflicting nasty alligations on me, that iam bad character person, i had living relationship in past, before marriage etc, and iam afraid that they can say that i was not even virgin when i got married ,just to prove me wrong and get divorce. My part of truth is, i never had any live in relationship,i used to stay in girls pg during my college, i had a boyfriend, but before 2 years of my marriage we brokeup, but iam not a charaterless girl, even my boyfriend had a girlfrnd for 7 years, and he was also into physical relationship with that girl,but i had accepted all this after marriage.And my husband knows the truth that i was verymuch virgin when we got married, but now just for divorce they are defaming my character, please help me,please tell me that is their any medical test where i can prove myself,that i was virgin before marriage. and my inlaws are putting alligations that i had live in relationship before marriage, which is completely false, so my question is court will consider such things???? court won't ask my inlaws for proof that whether i had a live in relationship or not ????
And can a husband escape from giving maintenance to his wife by saying that she has a bad character???
Guest
(Querist) 27 November 2010
I have typed wrong, my husband had a girlfrnd for six years,and had physical relationship with her, sorry for typing boyfriend, it is husband.
Arun Kumar Bhagat
(Expert) 27 November 2010
Their allegations shall be treated as baseless and they may be held liable for defamation. Immediately file a case under PWDV Act.
adv. rajeev ( rajoo )
(Expert) 27 November 2010
File a case as Arun Said. You can also claim maintenance from your husband. He cannot avoid the maintenance.
Guest
(Querist) 27 November 2010
Thankyou so much iam so relieved. my lawer has suggested me SEction 125 crpc, and she might have already filed it by nw, so shall i also file PWDV at the same time, i mean 2 cases together. is it possible???
Kirti Kar Tripathi
(Expert) 27 November 2010
It is very difficult to prove this type of allegation. Moreover, in case there occur any dispute between wife and husband, this type of allegations are usually leveled against the wife and the courts are also well aware with this aspect. so do not worry and be bold. As my friends suggested you file case for maintenance and also under DV Act. Note do not defensive be offensive, it is best defense.
Khaleel Ahmed
(Expert) 27 November 2010
If your husband have a girl freind and have physical relations with her, your allegation should have strong proof, it is purely adultery as per Hindu law. You can get maintenance and if you want divorce , the court may grant both.
Guest
(Querist) 27 November 2010
Thankyou very much kirtikar sir and ahmed sir. thanx alot. I will speak to my lawer to flie for PWDV also with Section 125 crpc. Can i file for PWDV myself?? because my lawyer can again charge me for this case.
Arvind Singh Chauhan
(Expert) 27 November 2010
Though adulatory may be a ground to refuse maintenance. But only allegation ( without any proof) is itself a cruelty towards wife. It may be a reasonable ground for wife to leave husband and to get maintenance.
