Legal Question in Family Law in India

my cousin married in a joint family,because of daily fights and harrasment she returned to her parents house within two months of her stay,her in laws made no efforts to call her back,now after 10 months all of a sudden he had sent her notice making false and serious allegations against her

1)that she was not good to him and because of that she was not pregnant when she left.

2)she has taken gold from his house.

3)that her relatives who are police are threatening him with cases.

4)she had sent him back telling that she married him against wishes

5)inspite of calling repeatedly she is not ready to come

6)he never demanded dowry

7)he and his family have taken great care of her.

8)he and his family are under mental stress and strain

9)he is getting suicidal thoughts without her.

10)that she had left his house without permission

11)now that after receiving notice she must return within 7 days or else she herself will be responsible for consequences.

actually all the statements given by him are false and without proof ,now when approched to any lawyer they say that he has made serious allegation on her character by saying that she was not good to him and she was not pregnant when she left,and he is making grounds for divorce in future.

now my quereies are,

can a husband make such allegations on wife without any proof.when he does not have any medical reports to substaintiate it.

2)being husband he has every rights to take her to his house,why the need of notice.

3)now actually when she is willing to go back,he threatens that he will insult her and her family publicly and that he will book them under false cases if they try to come to his house.

4)actually his intension is to get rid of her.now under these circumstances what steps have to be taken.

5)can she file defamation against her husband for making allegations which creates doubts about her character. thanks in advance,to all


Asked on 1/21/10, 12:13 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. The unwarranted and false allegations amounts to "cruelty" and "domestic violence". the girl is entitled in law to seek criminal prosecution of the boy for this behaviour.

2 to 5 : Instead of defamation, she may take action under IPC and POW DVA.

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Answered on 1/21/10, 1:58 pm


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