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Anonycity_101 (Consultant)     04 May 2013

Fighting against false accusations

 

I (the husband) filed for divorce under Section 13(1) (1a) after 15 years of marriage and having a 11 year old son.

I came to understand from a common friend that my wife and her parents are going to adopt offence is the best defence approach. falsely accuse me of being a drunkard, an irresponsible person and a wife beater (in the forthcoming hearing). Also that I kept demanding money after marriage and that they gave us lots of jewellery. They know and everyone who knows me knows that none of these are true. I only drink occassionally and definitely not a drunkard. 

  • I filed the petition: is there a scope for them to make accusations like this? I thought they will have to respond to the reasons I gave in the petition.
  • How can I defend myself agains these false accusations?

I will be grateful and your response will give me great moral strength to fight my case. Thanks in advance.



Learning

 25 Replies


(Guest)

She can make N number of accusations like drunkard, wife beater, womanizer etc


But for all the accusations she makes she should have evidence, to prove to the court as such.


Dont worry, false accusations wont stand in cross examination.

1 Like

(Guest)

Dont ever worry for such accusations.


These things are not worthy to break your head about.


Take it cool.


Its a long run.


First her evidence has to happen.


Then yours.


For the evidence both of you have to give supporting evidences like documents, witnessess etc.


Then there will be your cross examination.


Then her cross examination.


Then the cross examination of witnessess if any.


Then one more date for further cross examination.


BTW you have to think about interim custody more as schools will be reopening.


Regards,












ashoksrivastava (scientist)     04 May 2013

If wife contests then its next to impossible to get divorce under cruelty  after 15 years of marriage and having a 11 year old son .Pl. make a whole hearted last attempt to either save marriage for the sake of it or for your son.After so much mud slinging in court.things may go beyond redemption and everyone may endup being the loser. regards ASHOK

1 Like

Anonycity_101 (Consultant)     04 May 2013

Ashokji, If that is the case whenever wife is contesting the case, she must win - but I doubt if that is the case. I feel the cases are won or lost based on the strength of arguments and grounds on which the divoce is sought. Correct me if I'm wrong.

ashoksrivastava (scientist)     04 May 2013

Charges of cruelty will be very difficult to be established by husband( courts being sympathetic to wives). esp. when wife is levelling same charges against you. For such an old marriage courts do not grant divorce easily if wife doesn't want divorce. I was only talking about likelihood. Of course if you have incontrovertible evidence then it may be a different case. regards ASHOK

Anonycity_101 (Consultant)     04 May 2013

Ashokji, Your response has nothing to do with the advice i was seeking - it was more of a conjecture. 

I asked you if you were an advocate - you didn't respond. If you were an advocate and drawing such conclusions, it is really unfortunate, but if you aren't a lawyer please note that I have a specific query for which I need advice from a professional, practicing lawyer.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 May 2013

Dear Chandra

if you think that they are adament to file the false cases against you then for your precaution and safe guard if they are threatening to you then file a criminal complaint u/s 383/384 of IPC for extortion and send the information cum complaint to NHRC/NWC/CP/SP

1 Like

Anonycity_101 (Consultant)     05 May 2013

No sir, actually they are not thretening me now but I came to know about their plans through a neutral common friend who felt that they are being unfair. 

I know they don't have much proof for all those allegations but they could still brainwash my child into giving supporting evidence. I want to know how I can defend myself. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 May 2013

Dear Chandra

section 498 A of IPC or domestic violence case, maintenance case are based upon the allegations and the burden of proof lies upon you.

 


(Guest)

My friend,

I think you are new to Indian legal system...In court both parties will make bizarre allegations.Wife will term husband as drunkard and rapist.Husband will term wife as arrogant,useless and possibly even adulterous.

But once the case goes on,the truth will come out.

You submit evidence,appear for cross-exam.Then your wife submits evidence and appears for cross-exam.Your lawyer makes his arguments,then other lawyer makes arguments.Then judge gives judgement.

Usual duration :3 to 4 years.Why?Initially maintenance is decided if your wife asks for it.Takes about 6 months for this.Because of the number of cases,your case will not be taken for hearing everytime.It will be postponed 6 weeks,8 weeks etc without hearing.In the meantime,there is a possibility that opposition lawyer will approach your lawyer for settlign the case for xlakhs depending on your earnins,property etc. because both parties get tired of the court case.

Welcome to Indian courts.

1 Like

Anonycity_101 (Consultant)     05 May 2013

I think there is a slight confusion here. Let me clarify.

There is no domestic violence case against me. I am the petitioner in this case filing for dissolution under Section 13(1) (1a). do you think they can file a case against me now? If not, does the burden of proof still lie with me?

Anonycity_101 (Consultant)     05 May 2013

 

@red: dont scare me - you obviously have no idea what a man goes through in the hands of a crazy housewife.

You remark that I'm new to judician system...isn't obvious? I'm not an advocate - that's why I'm asking for legal advice.

Biggest tragidy is outside the courts where people like you do fear-mongernig and try to scare away others to avoid court cases and live like a dog - I have heard enough of this. People like you also advice anybody from going to courts and live like slaves, accept rape, don't lodge complaint, let peole loot your property, that's what this life is all about etc. That's a tragedy indeed. If you have any idea you will say that going through the rigour and complexity of judicial system is far better than living like a dog day in and day out getting harassed by a wife like mine and you obviously don't have an idea. I choose these difficulties rather than the life of a slave living with a spouse like that. 

I hope you get it -  now let me live in peace and spare me any more of your advice to escape reality and to accept to live the life a dog.

1 Like

(Guest)

You obviously can`t distinguish between someone who`s trying to help you with what`s in store and someone interested in scaring you off filing for divorce.

Perhaps not all cases reach 3 years...But I will be very surprised if hearings in a marriage 15 years long don`t reach 3 years atleast.If you can`t handle the truth,why post queries in a public forum?

Anonycity_101 (Consultant)     05 May 2013

@red; thank you for your help. What you project as truth is YOUR TRUTH, NOT MINE and I dont need it. btw. Your conjecture about number of years of marriage having a bearing on how long it takes for the case to be resolve is RIDICULOUS.

I have a very specific query and need answer for - everything else is irrelevant, hope you get it!

Now, please dont distract the discussion any more - I really don't want to get into an argument with you on this. Spare me YOUR reality.


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