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indianzindian (business)     28 October 2010

false allegation of deserting

can a girl file any case on false claim that shes been asked to leave home but the fact is she left matrimonial home on her own ,,also on facebook she has started presenting herself as singe and has started flirting with boyz.can this be used as evidence against her in anyway...she is kind of non adjusting and aggresive girl ,,who likes to dominate house hold...marriage is 6 months old and shes away   from last 3 months .....



Learning

 4 Replies


(Guest)

 

Can a girl file any case on false claim that she has  been asked to leave home

Yes, she can but you have to prove that she left you and give evidence in a court that she file false case against you.

You asked on facebook she has started presenting herself as singe and has started flirting with boyz.can this be used as evidence against her in anyway ?Answer is NO.

Marriage is 6 months old so batter you file RCR petition under section 9 of Hindu marriage act, 1955.You have to ask why she left you. Give what is the core reason behind this?

 

Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) provides for the restitution of the conjugal rights. The section of the Act says:

“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for the restitution of conjugal rights and the court, on being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”.

 

EXPLANATION: Where a question arises whether there has been reasonable excuse for the withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

 

The fundamental rule of matrimonial law that one spouse is at liberty to the society and comfort of the other spouse, forms the foundation of the right to bring a suit for the restitution of conjugal rights. The court has the duty of granting a decree for restitution in the cases where either spouse has abandoned or withdrawn from the society of the other.

superfast munnabhai (trainee)     29 October 2010

One year period after marriage is essential .........

Marriage is 6 months old ......try to reconcile.

 

First of all, if she makes such allegations then deny her allegation that 'you deserted her' from you side.

 

Then it's she......... who has to bear the burden of proof.............. to show that 'you deserted her'................ the factum and continuance of the desertion should be proved.  An act of Desertion is also a cruelty.

 

Facebook a/c a weak evidence 

superfast munnabhai (trainee)     29 October 2010

In last few weeks I took my matter in my own hands but I feeling like a 'missed train'.

 

I spend at least 7-8 hours on all different legal websites  and books also...It's tough but very useful to some extent.

 

After a long married life my wife also made same allegations (desertion is also a cruelty ).

 

.........Now I have come to conclusion that it is not possible to save my marriage...but save only dignity atleast....My wife also behave in the same way as yours..............it's frustrating that she is enjoying and I am mourning...

 

.........She was absent for many hearing dates and went to training programs and now going for site seeing abroad by missing the next date also.

 

Law can not help in such cases.

 

I am giving you personal advise that before it is late, you shud take action.....I spent years in hope....more the time..it makes the fighting worst.....

indianzindian (business)     29 October 2010

what kind of actions can be taken.. 


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