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Dear Client,
To address or resolve a false complaint or false allegation filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973(now Sec.528 of BNSS). The Section 482 Cr. PC empowers the High Court to dismiss false complaints/criminal proceedings initiated under that complaint before the trial Court against a person. It is essential to prove to the court that the complaints or allegations were lodged with ma

Dear Client,
From the prolonged contents of your query which, prima facie appears to be horrible and traumatized issues that you are facing in your matrimonial home post-marriage. In the given situation, the laws protecting a married women’s rights include the Protection of Women from Domestic Violence Act, 2005, the Dowry Prohibition Act, 1961, the Hindu Marriage Act or the Special Marriage Act along with the provisions of IPC(BNS, 2023) and Cr. PC(BNSS, 2023). So, you may consider the follo

Dear Client,
The hearing of transfer petition in the High Court is a separate matter, but the withdrawal of the pending RCR case is a distinct action. You are within your legal rights to withdraw a RCR petition at any point, provided you follow the proper legal procedure. A withdrawal of a case is not automatic and requires the court's approval. You should immediately inform your lawyer that you wish to withdraw the RCR petition. Your lawyer will draft a formal application for withdrawal and sub

Dear Client,
As regards payment of maintenance/alimony post-divorce, be informed that both under Section 37 of the Indian Divorce Act, 1869 and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided that she is unable to maintain herself and her children. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh v. Neha (2021(2) SCC 324). Said criteria include the parties’ st

Dear Client,
The Indian Divorce Act, 1869 governs divorce among the Christian couples in India. As per the said Act, a Christian couple can get a divorce with mutual consent or either spouse may file for divorce petition without the consent(contested divorce) of the other. Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years and not living as husband and wife during this period. If the wife is unable to maintain or support herself, she can file pet

Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. A petition for the restitution of conjugal rights must be filed within one year from the date of the withdrawal of the spouse. In a petition for the restitution of conjugal rights, the burden

Dear Client,
In the given scenario, since the marriage was registered under the Special Marriage Act, 1954. which allows for inter-faith marriages, the governing law for divorce between the couple will be the Special Marriage Act, 1954, that provides for divorce regardless of the parties' religions. Even though the wife is Christian and the divorce is filed under the Indian Divorce Act, the fact that the marriage is registered under the Special Marriage Act, the provision seeking divorce by eit

Dear Sir,
You can file for divorce based on the ground of "mental disorder" under the Hindu Marriage Act, 1955. The law allows for divorce if the spouse has been "incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent." The medical records and the doctor's opinion stating that her illness is "old" and makes it "unadvisable" to have a chi

Dear Client,
Your query lacks transparency and information to address it suitably. So, in short, it may be opined that if you can prove those allegations are false and made by your wife with malicious intent to cause harm or inconvenience and are devoid of truth, then court may reject or dismiss the divorce petition, or else, if you failed to prove those allegations, a decree of divorce may be passed by the Court in favour of the petitioner based on the submissions and evidences led by the peti

Dear Client,
According to Section 10(1)(i)(ix)(x) in Indian Divorce Act, 1869 as amended in 2001, any marriage solemnized, before or after the amendment of the Act, either by the husband or the wife, may, file an application before the District Court seeking dissolution of marriage on the grounds that include (i) has committed adultery; or (ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or (x) has treated the petitioner with such c