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Josephasks (Other)     14 March 2022

How to contest a false cruelty based divorce when wife is staying separate by compromise order ?

My wife staying in U.S. with my minor daughters filed divorce under Indian Divorce Act 10(1)(x) with false allegations of cruelty. She used the same abuse/cruelty allegations 4 years ago in a child custody matter and is staying separate as per compromise settlement order by high court. And she is using the same cruelty allegations again in divorce petition. I don't want to give divorce and want to delay it, and plan to go abroad. How should I contest the divorce and what arguments can I give in my counter?



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 1 Replies

Palak batra   14 March 2022

Dear querist, In case a false complaint is registered against men by their wife, they have two choices- to defend their case and wait for the judgment- Men can protect themselves and their family from being sent to prison given the false complaint. They have the following alternatives to safeguard their family and themselves: Record all conversations (voice, chat, email, letters, and so on) with those threatening and keep the originals in a protected place and not produce the actual evidence before anybody Gather evidence to demonstrate that they have neither demanded dowry nor have accepted it nonetheless. Gather evidence to demonstrate that the wife moved out of the obligation of marriage for no legitimate explanation. This evidence will be productive at the time of getting anticipatory bail or notice bail from the Court. Document RCR (Restitution of Conjugal Rights)- Suppose the wife has left her husband's place after all the threatening. In that case, men can file RCR (Restitution of Conjugal Rights) referencing the conditions that she ought to concur on before she begins living with her husband once again. Offensive remedies- Men can file counter cases against their wife to present the defence stronger and expect an earlier settlement. The following is a rundown of counter cases they can file to reinforce their case. Section of 120B IPC, 1860: Punishment of Criminal Conspiracy Husbands can file a case against their wife alleging that she is conspiring to commit a crime against him and his family. Section 167 of IPC, 1860: Public servant outlining a wrong document to cause injury If the husband believes that the police officers are helping their wife in submit a false complaint and framing false documents, he can file a case against them claiming their false framing of documents. And many other remedies are present under sec. 182, 191, 197, 471, 500 etc. The Supreme Court is additionally working hard on bringing amendments to laws protecting Indian men. In this light, in its judgements, the Court laid out a few rules against the arbitrary arrest of men in section 498-A cases. Regards, Palak
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