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kalyan (engineer)     12 November 2012

Divorce ground - cruelty

If a wife send show cause notice with false allegations to her husband through her lawyer, will that show cause notice be considered as proof of cruelty in divorce case?


 6 Replies

Rajeev Kumar (Lawyer/Advocate)     12 November 2012

Ofcourse if the allegations framed by wife proved baseless, false,concoted and immoral then it can be treated as mental cruelty and the harrassment.


Yes. False allegations would constitute mental cruelty. Divorce can be sought on ground of such mental cruelty. 

For further clarification, you can speak to me on 9842197857.

Chetan Joshi (Advisory/Advocacy)     13 November 2012

Yes if the allegation are false ( proved ) will amont to cruelty...





Nitish Banka (lawyer)     13 November 2012

Yess,it will amount to mental cruelty.

Kamlesh (other)     20 November 2012

If the false alligations is made by wife through affidevit and saugandhnama, while filling the maintenance case for extortion of money, and later it has been proved false and decree given as her maintenance is voided. Is there any punishment or we can file an suit against her as defamation, if yes, then where to file - at the same court or at high court?
 Scenerio is Judge is changed now in family court ... Divorse is already been filled based on desertion for more than 3 years without valid reason. Several attempts made by us to bring her back but she refused to come back in front of court, and she neither proved the cruelty upon her except the false affidevits. pl. guide how to act, i want divorce now and not ready to pay her the amount which she wants. Pl. suggest how to negotiate for the settlement she denied for the divorse and not ready to stay with me, Infact i also hate her now and ready to stay with her.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2012

Yes, it is cruelty.




Shonee Kapoor


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