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Nandha (NIL)     02 January 2013

Is spreading false rumours about spouse is cruelty?

@Ld. experts,

 

Wife left husband 6 months back along with child for silly reason and did not return despite husband's request to come home through letters.

 

As they had no reasons to tell why she left the matrimonial house, she and her family members started spreading rumours among the husband's relatives that husband was having an affair, which is not true. In fact, wife was having an affair with her own cousin brother and when this was found and questioned by husband, she created drama and left the house.

 

Since husband did not go in person to call her back, they have made the rumours more stronger. Now, husband who thought of reunion for the sake of kid, lost trust on his wife and wanted to file divorce.

 

Can this false rumours be mentioned as one of the cruelties in the divroce petition? Will it favour husband's case?

 

Please advise. 

 

 

 

 

 



Learning

 15 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     02 January 2013

Yes....there are ample reasons to go for a contested divorce by the husband.

Gaurav (consultant)     02 January 2013

Do you have any such proof supporting that facts you are putting here? Any husband can cook such things and can file false reasoned divorce

Nandha (NIL)     02 January 2013

@gaurav -  proof for what?? is it for the false rumours or for the wife's affair with her cousin brother?

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 January 2013

Yes, if you can prove by way of witnesses, then it can be termed as cruelty.

 

 

 

Regards,

 

Shonee Kapoor

4 Like

Nandha (NIL)     02 January 2013

@ shonee kapoor - thanks. Yes, I have witnesses! 

Rajesh Kulkarni (Advocate)     02 January 2013

 

Hi Nandha,

 

You cannot just file a case alleging spouse’s character, in your case and as conversed by you when you have got witness in support of your claims you can go for filing a divorce petition under section   13 (1)(i) of Hindu Marriage Act, 1955 on grounds of adultery. Because any spouse in adultery pulls the other under the umbrella of mental torture.

 

But, make sure this aspect of Law would be more contesting and the burden of proof completely falls on you. Before filing the case, collect appropriate evidence to make believe the Hon’ble Court that your wife is in adultery. Consult an Advocate for better legal guidance to contest the case.

 

 

 

Rajesh Kulkarni

Advocate, Hyderabad

7799116901

1 Like

Nandha (NIL)     02 January 2013

@Rajesh,

 

You did not read my query properly.

 

I am not inclined to prove wife's adultery as it would be difficult without solid evidence, that too in this case, wife is having affair with cousin brother. Even raising a doubt on their relationship will be an offence in the society, it would backfire.

 

My query was whether "the act of wife, spreading false rumours amongst husband's relatives that husband is having an affair, is considered cruelty". 

 

Rajesh Kulkarni (Advocate)     02 January 2013

 

@ Nandha

 

Definitely raising/spreading rumours amounts to cruelty.

 

Rajesh Kulkarni

Advocate

1 Like

Raj (fr)     03 January 2013

Is email sent by wife to husband's bosses with signature of her on pdf converted and attached and sent will be proof of crulity.But will not judge call my bosses as they will not feel good to attend court summon.By this way will concested divorce will be proved.How much tme to get the decree of divorce.

Rgds,

Raj

ABHISHEK KUMAR VATSA (Freelancer)     03 January 2013

 

 

 

                                                Hi Nanda ,

                                As per your query it depends upon the rumors that the wife has been spreading about  amount the cruelty eg. Rumors related to work ,reputation etc which can contribute in creating mental trauma for him.

                                                And according to the given facts here there are ample reasons for divorce here like mental cruelty, desertion, unchastisity of wife(which can be a contributory factor)  ,if all can be proven with evidence and witness .

                                                                And these factor will definitely supports the husband side .

 

                                                                Regards

                                                Abhi(dot)kumar9law@gmail(dot )com

 

2 Like

Nandha (NIL)     03 January 2013

@Abhishek, thanks for your advice.  Relatives are there as witnesses to whom wife and her family members alleged that husband is having an affair. Husband has voice recordings of wife's neighbours wherein they had said that wife & her family members have told them that husband is having an affair, as there was no other valid reasons like, dowry harrassment, domestic violence etc.,

 

Will the recordings and the relative's witness enough to prove that they are spreading false rumours with a motive to tarnish the reputation of a husband who has a good social standing in the society ??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 January 2013

Raj,

 

The recipient of the emails would need to testify about the existance of email.

 

 

Regards,

 

 
Shonee Kapoor

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 January 2013

Recording of neighbours would be inadmissible if neighbours are not produced as witness to testify that it is their voice.

 

 

Regards,

 

 
Shonee Kapoor
2 Like

(Guest)

Hi Shonee, I request yo to please elaborate more your second-last comment, i.e.

  

The recipient of the emails would need to testify about the existance of email.


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