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Contested divorce case with false allegations


30-Jul-2024 (In Divorce Law)
Husband has filed divorce case which has false allegations on my character. Shall I file Defamation case against him in order to make my case stronger? Or it is not required?
Answers (5)

Answer #1
543 votes
instead of filing defamation case, you need to file maintenance and domestic Violence act, your case will be more effective, the process is very simple to file the case , generally defamation case is not strong between matrimonial dispute
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Advocate Mukesh Kumar Sah

Adv. Mukesh Kumar Sah

LawRato Delhi | 200+ Answers
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Answer #2
623 votes
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
977 votes
Ma'am, I'm pretty sure you are mistaken how defamation actually works. Filing a case doesn't amount to defamation. However, if you are able to prove your spouse wrong, you may be entitled to file a case for malicious prosecution against him but only after the trial is concluded. You may call me to enquire more.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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Answer #4
827 votes
It’s the matter of trail if it’s proved otherwise after the decree only then you are eligible to file such cases. Kindly be in touch to discuss the matter ! You need to hire expert advocate al all such steps Plz b in touch
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Answer #5
850 votes
Option of filing a Defamation case is available with you however the said proceeding shall be decided on its own merit. As far as divorce case is concerned you will have to file your reply therein refuting the false allegations levied against you. In case you want to reside with your husband and do not want to give him a divorce you can file a petition for restitution of conjugal rights or can even get the divorce case transfered to the city/state where you reside if the divorce case is filed in an another city/state. For more details feel free to contact me.
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Advocate Akshay Sharma

Adv. Akshay Sharma

LawRatoDelhi | 25+ Answers
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