Anon P. (None) 04 September 2021

Can divorce petition be dismissed for wrong cause of action?

Wife filed Divorce on Cruelty basis with false allegations asking for large sums of money.
In Cause of action, she mentioned I was physically harassing her on a particular date but I was in a different city that day. I have flight tickets/evidence showing that I am away to clearly disprove her cause of action.
Would the Court be able to dismiss her false Divorce petition based on her wrong/false cause of action?

If so, what is the procedure to get it dismissed?

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5 Replies

Dr J C Vashista (Advocate) 05 September 2021

Your lawyer is the best person to be consulted.

Pradipta Nath (Advocate) 05 September 2021

Contest it and prove her false.

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G.L.N. Prasad (Retired employee.) 05 September 2021

The court considers all the pleadings and evidence. The cruelty case may be dismissed against you, but the focus is always on divorce. First, decide on the main issue.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 September 2021

Physical harassment refers to methods of coercement, threats, or bullying that involve physical gestures or threats. There are many different forms this type of behavior can take, from blocking someone's path to the threat of physical violence.You can condemn it by giving in written statement.

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