Priya K
in Criminal Law Family Law
Asked October 09, 2017

False allegations by husband of extra marital affair

  • 1 Answer
  • 444 Views

My husband filed for divorce on the below grounds he mentioned 1. I have an illegal relationship with my ex boy friend and 2. I bet and scolded him and his parents 3. He also mentioned I am not in physical relationship with my husband for past 2 years which was not true. 4. My husband also mentioned that he is not working now for that I should give him maintenance of Rs. 15000 per month and for advocate charges Rs. 10000. 4. My husband and I use to work from Hyderabad from past 3 years and we stayed in Hyderabad itself. He is from Bangalore and he sent me the advocate notice for divorce from Bangalore. 5 . I do not want divorce and want to be with my husband how should I proceed further please suggest we had an argument infront of my inlaws in the month of Jan'2017. from then things have changed drastically. My mother in law started telling our time is not good and she didn't allow me to talk or see my husband's face. They used to perform some poojas. My husband and I do not have any communication from Feb'2017. He used to work in Hyderabad till 11th June 2017 but he resigned and left to Bangalore with out information. He changed his number also. My inlaws are not answering calls. When we went to Bangalore and asked she still staying he is still performing some poojas and asking us to wait for one more month. I have visited local police station and asked for written confirmation from my inlaws and my husband that we will be together after a week. but it didnt happen. My father in law said he does not have any idea about his son and wife. He does know any thing and he does not know where are they. My father has given written statement at office stating that he will get my husband and mother in law and asked for a one week time, believing that we came back to Hyderabad. But by the completion of week my husband sent divorce notice from Bangalore advocate and in return asking for maintenance from me. I want to be with my husband, whatever my inlaws and my husband has done to me was not fair and they have put all false allegations and sent me the notice. They need to realize their mistake. one more point is I have aborted 8 times, out of which my husband and me together decided and aborted 6 times but last 2 times he forced me to remove the pregnancy which was in Sep 2016. But I dont have any reports to prove, he mentioned in the notice that we didn't have physical relationship from 2 years which is false. I am loyal from marriage my husband knows it very clear. We both are Hindus and I belong to SC. We married in Feb 2013, I am a Telugu girl from Hyderabad and he is tamilian from Bangalore. Our marriage is registered, ours was love-arranged marriage. Please suggest the possible ways. I am going through lots of mental pressure since 9 months with my husband's silence. He blocked my numbers and blocked me on whatsapp and facebook. It clearly shows that he has pre-planned everything waiting for chance to get rid of me finally he has taken the argument infront of his parents as a chance and utilising it. How can I know whether my husband is working now or not. My husband doesn't have any property. Can I claim for maintenance or alimony?

Answer 1

 

 

 

Dear Sir/madam,

To start with, you need to get back in the house with the help of police authorities etc. because staying separate for over 2 years is a valid and justified ground for Divorce. You can approach the “Mahila Thana” or the Women Police cell for remedy, in order to reinstate the earlier situation. As a legally wedded wife, you have all the rights to stay with your in-laws in their house of co-habitation.

For the evidence of mutual abortion, you can gather the medical records from the hospital. They should be having the record and reason of your admission with them.

For maintenance aspect, you will have to make efforts and gather information through friends or relatives etc. as to his work place, salary etc. to present evidence in front of court. Further, if you are earning and your husband is jobless then you are not entitled to claim maintenance from your husband.

Also, all the averments in the legal notice needs documentary proof and witnesses in court. It is not that easy to proof the things mentioned in the legal notice. If at all, the case gets registered in the court, the court before allotting divorce, gives the couple – one chance to save their marriage.

In the meanwhile, as a reply to the legal notice – you can send him a notice mentioning “Restitution of conjugal rights” (section 9[1] of the Hindu Marriage Act). Meaning that you are willing to stay together and stay married. You do not want a divorce.

 

[1] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Agree Comment 0 Agrees almost 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.