LawRato

Husband filed a divorce petition, wife not willing to give


08-Jul-2025 (In Divorce Law)
Husband filed a divorce petition due to wife immature mindset , cruel behaviour towards his mother, then after wife filed a 498A case in police station, and also filed a Dvc case in court, and also filed a maintenance case. husband can raise this recent point also in Evidence stage? husband can prove this type of mental cruelty behaviour
Answers (3)

Answer #1
723 votes
Definitely, the husband can raise the filing of False or retaliatory cases like 498A and DVC, maintenance by the wife as evidence of mental cruelty during the evidence stage of divorce proceedings . The Courts have accepted repeated legal harassment and cruelty towards in-laws as valid grounds for divorce . He must submit FIR copies, Court documents and any proof showing her Falls allegations are hostile conduct . This supports his case for divorce under section 13(1) (ia) of Hindu Marriage Act. A strong legal strategy and proper documentation will strengthen his Claim.
Helpful? LawRato LawRato
Answer #2
577 votes
Already u filed divorce petition it’s based on cruelty based so no need to file other case let both lawyers talk mutually for settlement otherwise this will become headache so plz u need to discuss with lawyer all legal points
Helpful? LawRato LawRato
Answer #3
841 votes
basically in a domestic violence case and such issues can be proved only during the cross examination and also the drafting of the suit has to be done any carefully however , family matters normally take a lots of time for setting in the courts while that while that is a primary source of delivering justice today we have alternative options like mediation if you want I can mediate between the husband and the wife to settle matter faster.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."