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(Guest)

Husband accusing wife of infidelity, boozing to get divorce

How to handle a situation where the husband is demanding divorce by accusing the wife with a series of false allegations like the wife returns home drunk at midnight, performs illicit work, has boyfriends, etc? Only allegations, no evidence. The wife is a very chaste and noble lady. A simple and committed wife. No question of any boyfriend ever. She is strictly a teetotaller, doesn't even drink tea forget touching alcohol.

 

How should she handle such venomous allegations? How to prove that she is chaste and teetotaller and doesn’t perform any illicit work? Any medical test to prove she is a teetotaller? Does the onus lies on her to prove her innocence or the court will straight away reject her husband's allegations due to absence of evidence?.........Arranged marriage, short duration, wife thrown out, husband wants divorce, wife didn’t comply.

 

Is there any legal or non-legal step the wife can take to punish the husband (financially or non-financially) for such deliberate assault on her character? Or the court itself will punish the husband once the allegations prove to be concocted? If yes, what are the punishments? ......Don’t say to file a DV case or sign the divorce papers, because that is exactly what the husband wants – divorce. The wife is eager to save the marriage; divorce is not the solution here.



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 17 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     26 May 2015

U said demanding divorce,so not yet filed.If what U are saying is true,such creatures have to be dealt very carefully.Any wrong step from the wife would bring her more problems.Those are just allegations and acquisations without evidence.What is the reaction from the elders of both the sides? If he files divorce on the grounds mentioned above he has to prove each and every one of the allegation.Hence it is too early to predict a legal suggestion.This is my opinion.

saravanan s (legal advisor)     26 May 2015

if  the husband files divorce on any ground say cruelty,adultery etc the burden of proof lies on him.if he cant prove anything in the court then definitely the court wont grant divorce to him.in that case the court wont punish him for false allegations.if you want you can file cases like defamtion u/s 503 ipc and related cases.as of now just stay cool and let him take the initiative of filing divorce

SAINATH DEVALLA (LEGAL CONSULTANT)     26 May 2015

U have asked too many questions which are irrelevant at this stage.Actually the entire subject should have been vice versa.I mean to say generally these allegations are put forward by women.Are they staying separately or with the inlaws?

If the problem persists she better opt for 498A and DV to teach him a lesson.

Sandeep Hegde(89 717 84 550) (Advocate)     26 May 2015

Allegation he is making against her amounts crualty. She can file Domestic voilence complaint against him.

Sandeep Hegde(89 717 84 550) (Advocate)     26 May 2015

Allegation he is making against her amounts crualty. She can file Domestic voilence complaint against him.

Shantanu Wavhal (Worker)     26 May 2015

let him file anything ... false things can not be proven ... so dont worry.

if the wife wants to save the marriage, file RCR

she can claim maintenance too

DV can be filed to restore the rights of the wife.

DV & maint. cases have nothing to do with husband's divorce case.

SuperHero (Manager)     27 May 2015

@seabreeze - Why would a Husband make so many false allegations?

What is the advantage he is going to get after divorce?

What does he want to do after divorce?

If divorce is not the option. 

The matter should have been settled before stepping into court or even thinking of courts with the help of Elders.

But here to make a sound two hands should clap. 

If one hand doesn't cooperate then there is no point in marital relationship.

Adjust and Compromise even if required Say Sorry, give the spouse a beautiful Hug and Kiss and have a blessed Marital life.....


(Guest)

Somewhere I read even if your spouse makes false allegation against you, the onus to prove yourself innocent falls on you, as much as the onus to prove you guilty falls on your spouse. Hence asking for suggestion how the wife can prove herself innocent in allegations which she has never committed? How to prove that she is chaste and teetotaller?


How do judges deal with dismissed/false allegation(s) at the end of the judgement? In their judgement statement do they clearly mention which allegations got dismissed and which allegations were genuine (from either party)? If not, what to do to make the judge document the dismissed/false allegation(s) on paper?

 

@SAINATH DEVALLA: Elders on either family support their respective children, as expected. Spouses are staying separately. Wife has been thrown out, husband hell-bent on divorce.


@Amit: Wife is neither eligible nor interested in maintenance as she is working and earns more than her husband.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 May 2015

U R well versed in law,and still U want the forum to advice or suggest U how to deal with the situation.U are preesuming too many things to happen in future. U slso said she is earning more than the husband( Is the husband unemployed),that could have provoked him to act in that manner.

Rahul Dhingra (AM)     27 May 2015

Dear sainath, I think 498a is related to dowery why you are telling him the wrong way. If her husband is not good it dosent mean she also need to do the same thing which he did. Suggesting a wrong things only create more problem . Try to resolve the issue by aside your ego.

(Guest)

I am still awaiting some reply/suggestion to my queries below:

 

1. How to prove that the wife is chaste and teetotaller?

 

2. How do judges deal with dismissed/false allegation(s) at the end of the judgement? In their judgement statement do they clearly mention which allegations got dismissed and which allegations were genuine (from either party)?

T. Kalaiselvan, Advocate (Advocate)     30 May 2015

@Seabreeze: Though you are insisting an answer to your question, you have not come out with the proper details.  You are yet to say tht whether her husband is making allegations orally to anyone passing by or has filed a complaint with the local police or before a court of law with the referred allegations against her?

How do you expect experts to give you opinion to a mater that is not existing?, that is, there is no formal complaint by her husband so far then where is the question of challenging it?

If the husband is on the spree of spreading false rumors against her which  is considered to be a character assassination or outraging her modesty, she can either file a defamatory case under section 500 IPC or lodge a complaint with the police for the offences of outraging her modesty, abusing her with the intention to defame her name etc.

This apart she may file a maintenance case for monthly maintenance amount u/s 125 cr.p.c. for having thrown out of her matrimonial house without any valid reason.

Consult a local lawyer, discuss the issues at length and decide further course of action. 

 


(Guest)

@T.Kalaiselvan,

 

Husband has filed a divorce case in the court of law with allegations of desertion, infidelity, boozing, etc. Maintenance won’t be applicable for her since she is working and earns much more than her husband.

SuperHero (Manager)     01 June 2015

There should be some evidence for those allegations such as Whatsapp messages, Videos, Photos . You have to know that and fight accordingly.

Or

Like Sita stand on Fire and Pull husband also....


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