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Wife filed false case against me after my divorce petition

Shivendra Pratap Singh

Advocate

29/10/2015

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My wife filed a false case against me after filing of a divorce petition from my side. She is a government employee and always desires to live separately. She mounted heavy pressure upon me to leave my parents and settled with her in Noida. She left the matrimonial home on 30 April 2012.

I’m working as a clerk in a government Intermediate school, although my job is transferable and I can easily get a transfer from Lucknow to Noida but due to her dominating attitude I decided to live with my parents in Lucknow.

I filed a divorce petition on 5 July 2013 on the ground of cruelty thereupon she filed a false criminal case against me and my other family members under section 498 A/504/506/323 IPC and 5/6 DP Act. She again mounts pressure on me to withdraw my divorce petition but I want a divorce at all. Kindly advice what I should do?

Her subsequent act i.e. filing of a criminal case in retaliation of divorce petition may constitute matrimonial cruelty if the court acquits all the accused on the ground of false case. It may be possible that criminal case takes more time to decide but during the trial of a criminal case, you have to amend your divorce petition and take the additional plea of divorce i.e. matrimonial cruelty and stall the proceeding till the decision of the criminal case.

In K. Srinivas Rao vs D. A. Deepa AIR 2013 SC; it is held by the supreme court that filing of the false case by the wife against her husband is matrimonial cruelty and it shall constitute a ground of divorce.

This decision is reiterated by the same court in K. Srinivas vs K. Sunita [2015] 2 SCC; Matrimonial cruelty is a ground of divorce under Section 13(1)(i-a) Hindu marriage act 1955. It is easy to file a false case but proving it beyond all reasonable doubt it so difficult. It is a general awareness in the public that once plea of cruelty is taken by wife it strikes down all the relives of the husband in matrimonial cases.

In Lalita Kumari vs State of Uttar Pradesh AIR 2014 SCPriyanka Srivastava Vs State of Uttar Pradesh AIR 2015 SC; it is held by the supreme court that preliminary inquiry must be made by the court before taking cognizance of the case towards matrimonial disputes.

The court is bound to initiate a preliminary inquiry in a complaint under section 498 – A of IPC and section 5/6 D. P. Act. At this stage, you cannot challenge the cognizance of the complaint on the above-mentioned case law. You have to contest your case.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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