case filed under Section 10 (1) (i) and (x) of Divorce Act,1869
2 years ago
My wife filed case against me Sec 10 1 (i) and (x). I came to know that it is ground of Adultery. As I am not in any adultery, She cannot be proved in any manner I beleive because there is nothing in my life like that i know. But if that case files and she does not prove the adultery, what action can i take. Please advise sir, she left matrimonial house with daughter aged 11 years and later she invited for Mutual divorce replying I did not agree, So after that she filed this case against me. Please advise sir
You may ask such girl to file defamation case against your wife for false allegations. There is no summary procedure to get dismiss the case of your wife. You have to file strong objections and get it dismissed only after recording of evidences.
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A.Yes, you are right that if she can not prove adultery then it will be difficult for her to get the divorce but she has has cited cruelty as also as ground so. yo need to be careful on that part. If you wish you can file a counter case of restitution of conjugal rights and try to bring her home under Section 32 of the Divorce Act, 1869.
Section 32 in The Indian Divorce Act, 1869
32. Petition for restitution of conjugal rights.- When either the husband or the wife has without reasonable excuse, withdrawn from the society of the other, either wife or husband may apply, by petition to the District Court or the High Court, for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, Hand that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
If she is unable to prove the adultery of her husband, then the act of leveling unsubstantiated charges of adultery against the husband by making of false allegations and making attempts of character assassination of husband will not only constitute cruelty but also a defamatory act on the part of your wife.
Then on the ground of Defamation you can file complaint against your wife before the Judicial Magistrate under Sections 499 and 500 of the Indian Penal Code, 1860, as amended up to date.
Your wife can be considered as guilty of Defaming you Under Section 499 of the Indian Penal Code,1860,as amended up to date because, your wife by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning you intending to harm, or knowing or having reason to believe that such imputation will harm, your reputation .
Under Section 500 of the Indian Penal Code,1860,as amended up to date Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If your wife is conspiring a crime against you, then under Section 120B IPC, you can file a case against her. If you suspect that false evidence is being framed or presented against you then under Section 191 IPC, you can file a case alleging that you are being framed wrongfully.
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Since she has already filed a case, you will be summoned before the court to provide your testament. If the case is based on false premises, the case can be dismissed. Simultaneously you may also file a counter-FIR u/S 153 CrPC.
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