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Manoj Kumar Jha ( Major)     04 April 2012

False cases filled by wife. is this cruelty?

 

The matrimonial divorce case was started in Sept, 2009 and it was filled by the husband. The wife has made two FIR in the month of March, 2010 and filled domestic violence case in month of May, 2010. The domestic violence case was dispose off in the favour of husband in Feb, 2011.

I just want to know whether these cases filled by wife (domestic violence case) after filling the case of divorce by husband is a valid ground for divorce on the basis of cruelty. If yes, it is requested to provide the citations and reference   as early as possible as the divorce case is running on day to day basis and it is on the stage of argument.

Please provide the requested information as soon as possible. It will be great full to you. Thanking you.

Regards,

Manoj Jha

Email ID: manoj3648@gmail.com



 5 Replies

Manav Kalia (Arguing my own cases..)     04 April 2012

If the cases are proved wrong in court then it is a ground for cruelty.. For that you need to be acquitted by the court..

rajiv_lodha (zz)     04 April 2012

What was the actual ground for filing divorce case by the husband? Was it on cruelty ground?

P V Namjoshi (pvnamjoshi@gmail.com)     05 April 2012

Take certified copies of the orders of the cases disposed of and file amendment applicationin divorce case adding new grpound of false complaints being filed by wife. And then find out the actual position of law. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

Wait a sec,

 

These acquittal has no meanings in the present suit of divorce. Unless you have gone for amendment of pleadings and added these new facts.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)

Dear Manoj

You can't take benifit on ground of only this point that D.V.Act cases has disposed in your favour.

Becouse you hav already filed thedivrce case so look into the case file if you proved cruelty against you by your wife you take benifit otherwise not.

Disclosed all documents before LCI members.


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