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Legal remedies against false charges of cruelty filed against the wife


11-Jan-2023 (In Divorce Law)
Hi my husband wants Separation and i dnt want i have a kid too of 4 months. and dey filled false case of cruelty against me without any evidence. Please suggest.
Answers (4)

Answer #1
889 votes
Maam if you don't want separation then file for section9 RCR,
Also file some petition like maintenance petition for creating pressure over him.
I need your number for some counselling purpose. You need a detailed counselling session.

Answer #2
735 votes
Dear client, you need to defend yourself wit the help of a good and experienced lawyer. In case you are not working it is the legal duty of your husband to provide maintenance to you as well as your child and in case you are working that it is his duty to provide maintenance to your child.

Also in case you are working but your income is not self sufficient, than also the court will force him to compensate you with that maintenance. so first of all you and your child both have right to be compensated with maintenance.

Now the specific question you asked, you need to defend the case have to file your reply (written statement) to tell the truth to the court. In case you are able to prove that the allegations alleged by your husband, his suit will be dismissed with cost.

Further you can also file criminal cases in case he had committed cruelty against you, the law also provide that the protection office will go with you to your matrimonial home and replace you back inside the home with a separate room and kitchen at least to lead your own and your child's life.

Decision is yours which recourse you want. You can take all actions all together.

Beware of lawyers who misguide their clients. Feel free to ask me directly on my e-mail for further consultation through video conference or a personal visit to my office.
Answer #3
881 votes
Hello. You will have to present your all the facts to the judge. If they have filed a cruelty case against you , then you will also need to submit your facts in written statement stating their all the allegations are false and intentionally charging a false case on you. Thank you
Answer #4
853 votes
Please advise where are now a days living and with whom your kid is. What ground of cruelty they have taken. Without knowing the facts it is very hard to give advise. If you are living separately, then you may file a case of maintenance and fight his case of cruelty. When it is false, nothing to worry.

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.

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