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Protection against false divorce case

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Divorce Cases | Family Law

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I want protection against the false divorce case because my wife uses it as a tool to harass me. She is trying to teach me a lesson because I have not been fulfilling her wish to live separate from my family. In this condition I have no other option except to face this false divorce case. Sir, please guide how to protect myself from the false divorce case filed by my wife?

Question from: Delhi

How could you say that it is a false divorce case? You must have some evidence to prove that it is a false case. If you have such evidence then you should place all those evidence in written statement. You should not create false evidence in protection against false divorce case. Instead of it, you should adduce all the evidence which you have to prove that it is a false divorce case.

File written statement within time

You should contest the case and file your written statement within time. Don’t take unnecessary adjournments because it prolongs the proceeding. Written statement should be exhaustive. In the written statement, you should explain the ill motive of your wife. The court considers the motive for filing a false divorce case. Enmity between husband and wife is relevant fact to prove ill motive. Motive of plaintiff becomes significant in false case.

If plaintiff does not approach the court with clean hands, he cannot get any relief from the court. Therefore, your wife will not get divorce because she filed a false divorce case.

Your wife has to produce evidence

Making allegation is more easier than to prove it beyond all doubts. Section 13 of the Hindu Marriage Act envisages grounds for divorce. These grounds are based upon the guilt theory. The plaintiff is bound to prove each grounds. Thereafter, the court will pass decree of divorce. Therefore, burden of prove your guilt lies upon your wife. So, let her to discharge her burden of prove. If she adduces false evidence in proving your guilt then you should bring the truth before the court.

Protection against false divorce case

You should not file counter case against your wife as a protection against divorce case. Multiplicity of cases will ruin your defence and court will form adverse presumption against you. So, stick with the truth and bring all evidence on the record which tend to disprove the facts alleged in plaint.

Prove ulterior motive for filing false divorce case

The wife has an ulterior or hidden motive behind filing a false divorce case. So, you should prove that motive with relevant evidence. You said that your wife does not want to live with her in laws. Probably it is a reason for filing such a false divorce case.

Counter each allegation with evidence

You should counter each and every allegation with evidence. Evidence may be oral or written but it should be relevant. If you successfully disprove the allegations then the court will dismiss her case. False allegation can not sustain at the stage of trial. When both parties adduce evidence the court will decide which party has proved his case. Thus, you should counter each allegation to which your wife alleged in the plaint.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.