Divorce Petition containing Fake allegation

Querist : Anonymous (Querist) 03 December 2010 This query is : Resolved
My wife has filed divorce petition u/s 13(i)(a) of the HMA,1955. Which contains fake allegations about dowry, Physical & mental torture and non-provision of food by her in-laws. Before filling petition no complaint / FIR against me u/s 498a or under the DV Act. Her petition does not contain exact date & time of cruelty. Also Doctors certificate is not attached for beating and physical torture as it is fake. She has written this to make her side stronger to get divorce. Now she has to prove all the above allegations & provide necessary evidences before the Hon'ble Court.

I want to ask that
1. in above matter what kind of evidences are required?
2. Suppose her relatives as witness give wrong statement in the Hon'ble Court it is valid?
3. I was in good faith has no evidence to counter her allegations, so what I should do?

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Adv Archana Deshmukh (Expert) 03 December 2010
You first deny all the allegations in ur counter and put up ur side of story. You lawyer, while cross examining her witnesses will have to bring out the truth or falsify them.

Khaleel Ahmed Mohammed (Expert) 03 December 2010
1. Oral and any documentary evidence required to prove allegations against you.
2.Your side hire a good expereinced lawyer to cross the wittnesses produced by your wife.
3.If you don't have documentary evidence with you, at least produce oral evidence.

Advocate Bhartesh goyal (Expert) 03 December 2010
File detailed reply denying the allegations made in petition and submit if any documentary evidence you posses else disprove allegations by oral evidence.

Querist : Anonymous (Querist) 03 December 2010
Actually my case is of condonation of cruelty, though my wife filled divorce petition u/s. 13(1)(a) containing fake allegations, but cruelty is condoned by her from time to time because after her leaving matrimonial home I was going to her home for 3-4 month and she was allowing me to enter home, used to have dinner with in same plat and used to share bed with me. Also I have one MOU signed by both of us in which we have agreed that either of the party has no allegations of ant king against each other and if any than same is deemed to be withdrawn after execution of this MOU and same has been notarised at Mumbai Old court building. So the document if sufficient enough to disprove the allegations. Also she has agreed that she don't want alimony and monthly maintenance in writing. My query was to confirm the same.

s.subramanian (Expert) 03 December 2010
Then it is alright Mr.Anonymous.

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