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Rajkiran123 (Manager)     17 January 2015

Query on divorce filed under cruelty ground

Dear experts,

Request your advise please. I have filed divorce case on the ground of cruelty ( section 13 (1) (ia) ) in the month of Jan'14. My wife was staying away with her parents in different city for last 1 year when I filed the divorce. Soon after receiving the summons, wife filed false dowry case in Feb'14. During counselling at police station, I have agreed to take her back to my city. But just with in one month of return, she left again to her paternal home and asked police to proceed with the dowry case. I was arrested and was in jail for 3 days and later out on bail

I have then re-initiated the divorce petition in June'14 which I filed earlier and for that they filed objection stating that she was with me recently and divorce ground do not hold good to dissolve the marriage. Now we have decided to file for amendment to the earlier petition by adding additional developments in the last 1 year. My query is as below:

1. I was suggesting my lawyer that we should include all the development like wife filing dowry case,police counselling, wife returning back to matrimonial home, leaving with in 30 days and asking police to proceed with the case, me being in jail.

2. My lawyer is suggesting that to hide the fact the she returned to the matrimonial home and add amendment just stating that wife filed dowry case as soon as summons are received by her and I was in Jail. My lawyer is suggesting that if we mention that she returned to matrimonial home, my case will get dismissed by the judge.

Request your advise here to check if my lawyer advise is true ? I do not want to hide the truth and be genuine to what really happened. 


 4 Replies

Laxmi Kant Joshi (Advocate )     17 January 2015

As per to me you must state the facts in the effective way concealing the fact is no solution she will disclose everything in her ws then you will loose your case , state the fact.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 January 2015

Dear Querist

Don't play with the court, state real facts before the court, your case is based on cruelty and filing the false cases against the husband or his family is also come under the cruelty.


so no need to worry fight the case on merit with true facts.

LegalFighter (test)     18 January 2015


I am not an advocate but i share my friends experience. Dowry and DVA had been filed by my friends wife over my friend and all his family members.Trail went in court and proved there is no evidence or foot prints of dowry and dowry harashment. So based on this false 498a case my friend got divorce.

If you are innocent ,prove that is a false case in the court.This is a very good ground and strong evidence of mental cruelty and defamation. Then no court will say 'we cannot give divorce'.


 your lawyer's advice is pertinent to asking for divorce.

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