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(Guest)

False police complaint ground for divorce?

After I filed RCR wife giving false compliant in police station against me for mental and physical torture. Police come to my house for enquiry with my wife and her relatives. I keep wife to my house and police return after telling me 498A in future. Now wife live with me but no conjugal relationship. 

Is giving compliant in police station against me can be a ground for divorce?



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 6 Replies

gautam (not disclosed)     31 December 2013

You can file divorce citing mental cruelty like refusal of s*x, as you filed for RCR already, she has returned only due to rcr petition but has no intention of resuming conjugal relationship

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

Lodging a false complaint with the police can also be construed as grounds for cruelty.  Further, if it is provable that your wife has withdrawn from conjugal relationship with you even after you had obtained a decree for restitution of conjugal rights, you can file a petition for dissolution of marriage showing that the cohabitation was not resumed form one year or more, but you have to wait for one year.

fighting back (exec)     31 December 2013

@tkaliselvan.........sir , much has been debated that refusal to s*x by wife is ground for divorce. now. how will the petitioner prove this in court. it is obvious that the person cannot have any audio and video recordings. so how is this poiint proved. thanks


(Guest)

Hello Mr.  T. Kalaiselvan,

How to prove that wife has withdrawn from conjugal relationship  even after obtained a decree for restitution of conjugal rights.

 

T. Kalaiselvan, Advocate (Advocate)     01 January 2014

@fighting back & @Jiban Rana:  It is very simple, swearing an affidavit  before the court in the form of chief examination will also be sufficient to prove that there was no conjugal relationship between both, can she deny his statement before court, if she says that she had maintained the said relationship, before the court, the husband may inform the court that if it is true whether she is ready and willing even now, so that he will withdraw his case and shall immediately take her home straight away from the court directly, after this  watch her reactions, if she lies, the reaction will be different and if there is any truth in it  she will agree to the offer made, this is no doubt a psychological pressure but that is how this can be proved because the matter is between four walls, hence whatever told is to be believed.Law will accept the circumstantial evidences on the subject.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 January 2014

AGREE WITH EXPERTS, NOTHING LEFT TO ADD


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