Defamation case by husband against wife seeking divorce

Dear, But how does his father not being his biological will affect your case on merits ..... ? Kapil Chandna Adv 9899011450

"father not being his biological"

 

this is not a ground for divorce.

 

as long as father or son is not disputing the relation you have no business to interfere or seek DNA test.

 

They cannot be compelled to undergo test simply on your wish.  you allegation cannot be proved and defamation case is sure to be fastened.  it can lead to jail upto five years.

1. You can not file a case demanding something merely on apprehension,

 

2. The very fact that you have publicly apprehended so without any evidence, may drag you to Court fior defamation,

 

3. You have every right to feel shattered based on your apprehension without evidence but you have no right to defame your husband and force him to feel shattered based on your said apprehension. 

Thank You Sir for your valuable advice. I am grateful to you.  

Please donot venture into such dangerous risks.  You have no business to question the relationship between the son and father. If you suspect something very odd, you may enquire the detail through your own sources and confront your husband about the illegality in it separately.

Sir, thank u for your advice. I wont seek divorce on the above mentioned ground.  Actually my story is as follows. If you can kindly suggest me just ground for divorce in my case, I would be highly obliged.

I am married for about 2 ½  yrs back with no issue. My husband and other inmates demanded huge dowry .Tortures and cruelties from very beginning. I was rescued by parents within 1 month of marriage. On night of “Suhagraat”, husband and inmates created mental pressure / cruelties and husband did not share bed. Next day, they forcibly took all my gold ornaments and kept them in father-In-law’s locker .They continued mental and physical cruelties for more dowry. Due to continuous pressure and demand for more money my father deposited Rs. 2.00 lakh in my bank account and I was forced by husband to withdraw Rs. 1,50,000 for purchasing costly furnitures ,washing machines etc ( which have not been returned yet). No “Honeymoon” /other excursion trips took place. One night I sent S.O.S. call to my father. They rushed but they were rudely and roughly behaved using filthy and abusive words. I was subjected to fists and blows. My father tried to take me out but not succeeded. Next day, my uncle came to help father and they all ( my parents and uncle ) went to Police Station, and lodged a GD and with help of police rescued me. The police forced me to lodge a GD as per his dictation. I was compelled to leave matrimonial house and go to my parental home leaving behind all my “Stridhan” gold articles (about 400 gm ) worth Rs.15.0 lakh in their custody.

Next day husband and mother-in-law sent several e-mails /sms confessing their misbehavior and requested to condone them and to come back. I did not believe them and did not return. Lodged FIR U/s 498A/406/34 I.P.C + 3 & 4 of D.P. Act but no arrest of any body. All on bail. They never sent any money for Maintenance .They never contacted me.  I wrote to Police Officer many times for return of “Stridhan” including gold but he failed to do so. Finally, by court order gold from locker seized and returned after 10 months . This process caused immense harassment and mental torture to me.  Now Sec. 125 Cr.P.C. in process and got interim “Maintenance order”. “Domestic Violence Act” also registered and in progress.

In the meanwhile, after around 11 months of my FIR, husband telephoned my father and requested to send me to his house so I went there but he committed same type of inhuman torture and cruelties and drove me out of house on the very same day .This was reported to the Police.

Under this circumstance, by which valid ground can I seek divorce?

1. If the above is your problem then why did you level nasty allegation against your husband's birth? 2. It is unimagianble that wife can give nasty hint about the character of her mother in law for domestic quarrel, 3. Your post speaks volume for your frustration for your inlaw's not being arrested and also your attempt to malign them in all possible way, 4. You have already filed cases. Make sure that you do not over allege (without evidence) to take revenge, which may qualify your petition to be rejected.

K.K.Ganguly Sir. The allegation levelled by me was based on their relatives as well as his father's response and also their neighbours. But I am sure noone wil come to court as witness for me. I dont want revenge. I want justice. They have ruined my life, and have cheated me.

But I understand the implications of my allegation and I wont apply on the same ground. I have better reason to seek divorce from him, on the grounds of cruelty.