Divorce by wife on the ground of cruelty

As per your concerned matter, let me inform you that the Delhi High Court has ruled that false allegation of impotency against the husband made before the court during divorce proceedings amounts to cruelty by the wife under the Hindu Marriage Act.

“No party can be excused of recklessness in allegations made before the court of law. The consequences of false assertions have to follow,” a Bench of Justices Manmohan and Sanjeev Narula said.

In addition to this, the court also reminded the woman that “if it is established from the evidence that the allegations were evidently false, then such baseless allegations made in the written statement can amount to cruelty and the Court can pass a decree of dissolution of the marriage”.

The High Court of Delhi also held that -“It is also abundantly clear that due to the mental pain, agony and suffering caused by the false accusations, the respondent [husband] cannot be asked to put up with the conduct of the appellant (i.e. wife) and to continue to live with her".

No you can't file a fresh divorce petition in court while already a petition for divorce has been filed by you wife, thus instead of new petitions you shall lay your focus on providing the actual facts and issues of the matter.

As I've explained above, if your wife is found guilty of making false allegations, then you can get a divorce upon that ground based upon the grounds of cruelty in accordance to the Hindu Marriage Act, 1956.

Hope It Helps!

Regards
Kevin M. Paul

The query is specific as to "Can he file a fresh counter/petition  for his consent for divorce without the allegations? Will the Family court entertain the same" 
 

Answer is positive, both of them can move petition for mutual consent divorce with the permission of Court after withdrawal of divorce case pending adjudication before the Family Court.

There is no problem with the court in allowing petition for MCD.
 

Your wife filed divorce petition and now you are also ready for divorce, withdraw pending petition and file fresh divorce petition on mutual consent ground .Allegations made by both of you against each other in present petition will not come in way to grant divorce.

Thank You so much Sir.

You are most welcome.

Yes, with the permission of the Court, the pending matter could be with liberty to file a petition for divorcé by mutual consent.