False allegations by husband
I have been married since last 4 & half years. I was working in Delhi in an MNC before marriage but I left my job as I was getting married to a businessman in Varanasi. We agreed upon my joining his business immediately after marriage as I had done MBA from Delhi. He took a huge dowry amount along with several household things from my father during marriage. After marriage, he never took me to his office and kept on saying that I am looking for a good designation for you in my office. After 1 year, he took my jewelry worth 1 lakh as he needed some money and he never returned it to me. He started torturing me mentally, abusing me and hits me 4 times. He never wanted to have physical relations with me and whenever I asked questions regarding that, he got angry and questioned me why I am desperate for it. He told me several times that I don't like your body, it's disgusting and I'll never have a baby with you. Due to this, we rarely had physical relation. When my parents tried to talk to him, he refused about those incidents. I tried my best to save the marriage by tolerating all his ill treatments but he is forcing me for divorce since last 1 year. Now, he has filed a divorce with so many wrong allegations on me like "She is suffering from epilepsy due to which we never had physical relation", She left my home after 1 month of marriage", "She ill-treated my parents and hits them", "She hit me with shoes and fought with me and my family during her 1 month of stay with me", "She refused to cook food and do household chores just after marriage" etc. When I received his notice, I cried a lot and I begged him not to do this but he didn't agree. So, finally just to avoid all the mental stress of courts and cases as well as to teach him a lesson, I asked him for 30 lakhs for my future security and told him to file a divorce with mutual consent. He agreed on it and told me to go back to my parents house. He promised me that he will give that money exactly after 2 months and we will file a fresh divorce petition on that day but after 2 months, now he is refusing for any such commitment. Now, he is saying that he will give only 20 lakhs and that in installments in 5 years. Again, he is trying to ruin my another 5 years. What should I do now? How do I prove that those allegations are wrong?
Firstly, you have not provided any details of your other in-laws. Even where he has filed a case, you can claim alimony (maintenance or security) legally through court. Also, all the allegations can be rebutted in court and try to do some research on his medical background and/or his charcerter for refusing physical relation which will help your case. The proof of the arrangement made between you and your husband will also be helpful, if you have them.
You have enough ground for divorce and you are party who suffer , you can get more what he is offering and all dowry he took during marriage, also its criminal offence to lie someone before marriage on the promise made to you, please get in touch with us, my partner who look after dowry & criminal case in delhi . We have dealt with such matters before.
You must collect as many evidence as you can (like video/voice recording or messages). Avoid having oral conversation. If your husband has messaged you anything regarding the response for sexual relation, or asking you for your jewelry or taking huge dowry, collect them all. Written evidence is far more valuable than oral evidence.
If you can get your neighbors to testify that your husband used to abuse you physically or mentally that will only help your case better. You can even record your husband’s conversation when he comes to visit you or talk to you over phone.
Generally a mutual divorce takes 7 months - 1.5 years and contested divorce takes 3-4years, but I don’t think your husband would mutually agree with you on the alimony and maintenance amount, so I would advice you to meet an advocate and file for a contested divorce.
Section 13 B of Hindu marriage act gives the right to file a contested divorce. And section 13 talks about contested divorce. You can apply for mental cruelty as a ground for divorce, and during the pendency of the divorce you can claim for maintenance under section 125 of CrPc along with a petition under section 12 of domestic violence act. You can also claim for interim maintenance under section 24 of Hindu Marriage act.
Your divorce petition will be filed in the District family court where:
- Your marriage ceremony took place as per Hindu rituals, or
- You and your spouse lived/resided together, or
- Your spouse resides at the time of filing of the divorce, or
Bombay High Court recently stated that leveling false allegations against spouse is cruelty for which he was even fined a hefty amount. The same was upheld by madras HC in D. Nagappan vs T. Virgin Rani on 15 April, 2009
I know it's very torturous but you have to fight for your right. Mam you should collect the evidence as much as possible particularly in respect of income of your husband, properties standing in his name. You have to collect his medical evidence as to his refusal/ reluctance of sex. More over you have find out his extea marial relationahip, if any.
You can file a police complaint under DV Act against him. You can ask for share household also.
You can also ask for interim and or permantnt alimony.
However detail explanation can be given when you choose particular action.
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