Legal Question in Family Law in India

My wife has left me after one year of my marriage. Our marriage is not consumated. After some enquiry we came to know that she has left with an intention as she was not interested in marriage and she was forced for the marriage. However her father has asked her to stay with the husband and leave him after one year of marriage(Which is strange). Now can the husband file a case of Cruelty, Divorce and aslo cheating and defamation case against his wife as his wife do not have any right to do this. Husband has been mentally tortured and disturbed.Cheating and defamation case is the primary one which the husband is looking for, Need your help


Asked on 7/28/12, 10:54 am

4 Answers from Attorneys

Vishwa Arya Arya & Co.

Here the facts are in a bit detailed. Although I answered your question, but, knowing the facts in this question, yes you have a case. For defamation, however, you have to establish that because of her attitude, your goodwill in the society has been affected.

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Answered on 7/28/12, 10:02 pm
Sanjay Kalra Sanjay Kalra & Associates

Stick to Divorce and nothing else as you are not going get any relief but on the contrary you would face late false cases against you and your family.

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Answered on 7/28/12, 11:59 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in your situation, you can file a petition for divorce on the ground of cruelty and desertion (2yrs) but in case she does not want to stay with you, you cannot accuse her of defaming you. in order to establish a case of defamation, you need to explain the situation and circumstances constituting this offence.

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Answered on 7/29/12, 2:48 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 8/04/12, 6:08 am


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