Legal Question in Family Law in
my friends husband has filed a divorce petition under section13 (1) (1a) (iii) of hindu marriage act of 1955 of indian divorce law,within 5months of marriage. But all his allegations are false n moreover my friend does not have any psychic problem as stated by him.moreover she has all proofs to show that they were happy, except for his parent's greediness for dowry he used to torture her on receiving their calls. one night he left her and went away to his parents and asked her to get a flat on his name, and filed this wrong divorce. not only that her in laws started saying everyone that my friend is mad and has some disorder and all. my friend waited for one month for her husband's response, but they started saying he has life threat because of her. when my friend's uncle went to talk to them they demanded dowry and later they lodged a complaint on her uncle in police station stating that he is threatening them. unable to bear this my friend lodged 498a, but later they came to know that her husband filed a divorce case already that too before 3 weeks to lodge of this complaint.his parents were arrested but he got anticipatory bail showing this case a counter blast to his divorce. my friend filed restitution of conjugal rights. she and her husband were happy and in laws are responsible for this rift. is it possible in this case to pass decree of divorce showing 498a as a cause? is it possible to accept a divorce petition within 1 year just on mentioning cruelty and madness which are not at all true? and as 498a is lodged after filing of divorce on cruelty will it be now considered as cruelty? pleaase reply sir. she is very depressed. she wants her mrital life to be restored.
3 Answers from Attorneys
unless it is proved by the husband that 498a has inflicted cruelty upon him by leading evidence, it cannot be considered a cruelty and would be considered only a legal remedy available to wife.
your friend seems to have a very very strong case to defend the divorce petition filed by your friend's husband. Filing a case is not same as proving a case. Onus is on him to prove all the facts which if your friends parent and/or uncle step into the witness box about the demand of dowry and harasment accordingly it would be difficult for him to prove.
good Luck. 498a is on different footing. mere fact that wife files 498a does not give ground for divorce to husband
Related Questions & Answers
-
What can i do to live with my wife who restrine from me fr 2 years Asked 10/03/10, 11:54 pm in India Family Law, Divorce, Child Custody and Adoption
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
