Hi All,
I got notice from my wife through family court petition under section above....
we have 13 years married life and we have one daughter, 1 year back wife left her matrimonial house telling to clear my debts and have good financial stability reason she borrowed huge amount from her father side so to recovery she left house as I'm not getting loan also bcs of my low cibil, so we decided to sell own house of my father's to clear many debts including her debts as she left house. But after clearing all debts she bounce back saying how can she trust again if I go for financial instability next few years, so feeling insecure she decided to give divorce charging false allegations section i and x which I attended court hearing and gave objection and came.
My question.
1)For debts related is court gives divorce? fact is I lost my house now staying in rent, my father is bedridden and my mother cancer patient I'm alone looking after my parents?
2) Is women have rights to misuse women empowerment seeking what we do court will hear saying can't leave with husband bcs of cruelty etc which no one have evidence for cruelty?
3) Can I put defamation case against her for saying commit adultery i and x? true thing I don't have any adultery stuff like that, any benefit for me if I put defamation case?
4) shall I contest this case or file conjugal rights?
Please looking forward your kind suggestions. thanks all
As per your concerned query!
To explain the 1st question, Under section 13(1) of the Hindu Marriage Act, 1955. The following are the grounds for divorce.
Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed adultery. Adultery is counted as a criminal offence and substantial proof are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.
Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but a series of incidents. Certain instances like the food being denied, continuous ill-treatment and abuses to acquire dowry, perverse s*xual acts etc are included under cruelty.
Desertion – If one of the spouses voluntarily abandons his/her partner for at least two years, the abandoned spouse can file a divorce case on the ground of desertion.
Conversion – In case either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.
Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.
Leprosy – In the case of a ‘virulent and incurable form of leprosy, a petition can be filed by the other spouse based on this ground.
Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. Sexually transmitted diseases like AIDS are accounted to be venereal diseases.
Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.
Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.
The following are the grounds for divorce in India on which a petition can be filed only by the wife.
If the husband has indulged in rape, bestiality and sodomy.
If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman despite the first wife being alive, the first wife can seek a divorce.
A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.
No other ground is recognised under the Hindu Marriage Act, Financial Crisis of a husband is not the ground to dissolve the marriage.
To explain the 2nd question
In India, section 498 A is broadly misused by women that were mandated to empower women. False 498A cases are very common in society and a lot of steps has been taken by the Hon’ble Apex court also to prevent its misuse. Quashing of false 498A is feasible.
To answer your 3rd question
Under section 499 Indian Penal Code File a defamation case against a false 498A case: You can also file a defamation case against your wife for maligning your image by filing a false 498A case against you.
To answer your 4th question
If the wife has withdrawn from society without reasonable cause may file restitution of conjugal rights to continue your relationship as husband and wife under section 9of Hindu marriage Act, 1955.
Hope it helps
Regards
Minakshi Bindhani
