Divorce proceedings

BRIGADIER RM SHARMA (Querist) 22 March 2020 This query is : Resolved
Dear Sir,
My sister's husband has filed a petition under Section 13(1)(i)(ia) on grounds of cruelty and desertion. Now he has added adultery to the said petition on baseless grounds and blatant lies. My questions are :-
1. How can he prove charges leveled by him?
2. What are my sister's rights in his self-acquired property and also ancestral property?
My sister has also filed police complaint against him in CAW Cell and also a petition for maintenance because he is not paying her anything for the last about 6-7 months.
Shall be grateful for your expert advice
Thanks and regards

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Rajendra K Goyal (Expert) 22 March 2020
You said:
the said petition on baseless grounds and blatant lies.
Reply:
Engage some experienced lawyer, expert in matrimonial disputes and prove all his allegations are on baseless grounds and are lies. An aggressive cross questioning may fetch desired results.

You said:
1. How can he prove charges leveled by him?
Reply:
He has filed the case, it is his duty to prove charges, your sister / her lawyer has full chance and opportunity to defend and cross his evidences.

Rajendra K Goyal (Expert) 22 March 2020
You said:
2. What are my sister's rights in his self-acquired property and also ancestral property?
Reply:
Your sister has no right in his self-acquired or ancestral property during his lifetime. She can claim maintenance.

Rajendra K Goyal (Expert) 22 March 2020
You said:
My sister has also filed police complaint against him in CAW Cell
Reply:
She should effectively follow the Complaint and proceedings.

You said:
and also a petition for maintenance because he is not paying her anything for the last about 6-7 months.
Reply:
Prey court through your lawyer for grant of interim maintenance till final decision on the issue. If possible, submit proofs of all his income in court.

Raj Kumar Makkad (Expert) 22 March 2020
None can opine definitely without going through the evidence led in support of the allegations that the said allegations are wrong or right, however, it is true that false and concocted allegations are generally leveled from both sides in such matters.

Raj Kumar Makkad (Expert) 22 March 2020
In response to your query that how the husband of your sister can prove the allegations leveled in his petition, it is brought to your kind knowledge that it is up to the petitioner to decide which way he shall prove. Noe can anticipate about the evidence to be brought by him but one thing is sure that every evidence shall be put before the court and the counsel for the respondent shall have every right to rebut/cross-examine the said evidence.

Raj Kumar Makkad (Expert) 22 March 2020
Your sister has no right in the property whether self acquired or ancestral as on day, however, she can obtain stay order against the sale. lien, creating charge of third party in the self acquired property of her husband by filing a petition under DV Act.

Raj Kumar Makkad (Expert) 22 March 2020
Your sister should file a DV Act petition seeking not only maintenance on various heads but also the facility of residence of the same standard to which her husband is enjoying.

Rajendra K Goyal (Expert) 22 March 2020
Well advised by the expert Raj Kumar Makkad, thanks for adding value to reply.

Advocate Suneel Moudgil (Expert) 22 March 2020
Mr. Sharma,
what is the duration of marriage? any kids? likelihood of reunion?

Advocate Suneel Moudgil (Expert) 22 March 2020
from the facts mentioned by you, it can be presumed that the relations are seriously injured,

Raj Kumar Makkad (Expert) 22 March 2020
Expert Suneel! What is the expertise in reaching to the result you posted? When parties are already in the court against each other then what other conclusion can be arrived except you reached?

Advocate Suneel Moudgil (Expert) 23 March 2020
expertise doesn't matter always raj kumar sir,
a legal professional is always burdened with social responsibilities too,

Advocate Suneel Moudgil (Expert) 23 March 2020
moreover, understanding the facts is also essential for satisfying the querist and to move/keep him/her on the right path,

T. Kalaiselvan, Advocate (Expert) 23 March 2020
Your brother in law can file any petition with any grounds against anyone more particularly against his wife, but he should remember that he has to prove his charges in court of law in a trial proceedings that too beyond doubt.
If he fails to prove his charges against her on adultery and if it proved that his intention to include this allegation was just to put pressure on her or to wreak vengeance on her or with high handedness, then she can retaliate by filing a defamation case also against him for spoiling her image, name and fame in the society.

T. Kalaiselvan, Advocate (Expert) 23 March 2020
1. In his divorce case he has to prove his charges with documentary evidences or by some witnesses. His oral evidences can be rubbished by court stating that his allegations may be due to a prolonged bitter quarrel with or campaign against her hence his allegations can be repudiated and his divorce case on the grounds of cruelty can be dismissed.
For the allegations agaisnt her on adultery should be proved by substantial evidences by producing compromising photographs and supporting documents and also he may have to implead the adulterer as second respondent in the case.
If he is failing to establish his charges by substantial evidences his claim for adultery may also be dismissed and both she and the other person can sue him for defamation.
2. If she has given complaint with the CAW cell she may follow it up properly and make sure that he is coming to her terms by the pressure of police.

T. Kalaiselvan, Advocate (Expert) 23 March 2020
Though your sister may not have rights over his self acquired or ancestral proeprty for a share, at least not during his lifetime, she may very well claim maintenance from him by filing the following cases:
1. By filing a petition under section 125 Cr.P.c.;
2. By filing a case under the provisions of domestic violence act seeking the relief of protection, residence, monthly maintenance and compensation for the violent acts unleashed by him against her, return of her articles including the streedhan jewels held in his custody;
3. By filing an application under section 24 HMA in his divorce petition seeking interim maintenance pendent lite.
You can discuss with your advocate at length and plan the strategies to counter his claim effectively.

Raj Kumar Makkad (Expert) 23 March 2020
If author has already provided the fact and has sought only legal remedy then where is the question to move here and there?

Raj Kumar Makkad (Expert) 23 March 2020
A legal platform is expected to only provide legal advice and not social responsibilities or moral or immoral values. Morality is inherent in law itself.

Dr J C Vashista (Expert) 29 March 2020
What is the purpose / cause for seeking second opinion of experts on the basis of limited facts posted by you on behalf of your sister who is already contesting her case(s) through an able, competent and intelligent lawyer engaged/ paid for the purpose ??

Dr J C Vashista (Expert) 29 March 2020
Onus to prove the charge of adultery lies on the petitioner (your brother-in-law in the instant case), your lawyer has to consider the same, when occasion arises in the Court/ case.
It is impossible to presume qua the evidences collected / to be produced in petitioner's evidence, which may not be possible even for "Brahma ji".
Your question paper is lacking relevant information for obliging.

Dr J C Vashista (Expert) 29 March 2020
Answer to your second question i.e., right of your sister in self-acquired and ancestral property of her husband is a subjective question, however, I endorse response, opinion and advise of experts, wherein your sister has no right.

Dr J C Vashista (Expert) 29 March 2020
Maintenance of your sister is her right, which is already stated to have been claimed.

Rajendra K Goyal (Expert) 29 March 2020
Onus to prove adultery is on the petitioner, effective cross by the defense lawyer can reveal all false claims in the petition.