Can husband takes divorce on basis of false allegations of cruelty

Question

Can husband takes divorce on basis of false allegations of cruelty

01-Jun-2023 (In Divorce Law)

My husband filled case of divorce on the basis of false allegations of cruelty.i don't want divorce.is it possible for him to take divorce on the basis of false allegations of cruelty.please guide

Answers (5)

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Adv. Vivek Mishra Adv. Vivek Mishra

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Advocate Ankit Saran LawRato · Accepted Answer · 2022-06-01T20:32:45+05:30

Answer #2

if husband file divorce on the basis of cruelty then the court summons you and you have to go in the court to submit your openion or written statement after the court take evidence of the both parties then court decide that the divorce situation. if court satisfied by the your husband openion then grant divorce if you are objected and court not satisfied then the case is rejected

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Advocate Rajeev Kumar LawRato · Accepted Answer · 2022-06-01T21:25:39+05:30

Answer #3

As you mentioned divorce case has been filed against you by your husband on the ground of crueltyAnd you do not want divorce from your husband and want to live with your husband, in such a situation, it is necessary to prove in the court that the grounds of cruelty which have been imposed on you in divorce by your husband, otherwise they will not be divorced by the family judge.

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Advocate Satish Bhati LawRato · Accepted Answer · 2022-06-02T16:20:14+05:30

Answer #4

this is not easy to proove the allegations of cruelty. you need to contest your divorce petition and tel the truth to the court. but if you not going to court then your Husband got ex parte judgement of case.

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Advocate Rajesh Bhadana LawRato · Accepted Answer · 2022-06-06T13:30:46+05:30

Answer #5

what your husband has been file it is a kind of 13 1A that is contested divorce it is a one side divorce he already applied in the competent code and healized because allegations are quality to cruelty is also a ground for divorce it can be from husband side it can be from wife side to right now already your husband has been file but the allegations he made on behalf of cruelty if it is being prude in the court because that will come to know after investigation so you go for the legal advise then only can decide give cruelty has been done or not if he doesn't done so he can get divorce if it is not been done it is totally depends upon the investigation and the evidences collected and presented in the court if he proved you made cruelty so divorce can be granted if it is not been proved there is a absence of probability for divorce cannot be granted that's it you go for legal advice

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