Misuse of 498A, Domestic Violence, Maintenance, Dowry Laws Misuse of 498A, Domestic Violence, Maintenance, Dowry Laws Misuse of 498A, Domestic Violence, Maintenance, Dowry Laws
 

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Strategy to fight Divorce cases

Misuse of 498A, Domestic Violence, Maintenance, Dowry Laws

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Strategy and facts to remember to fight Divorce cases

  • Remember as a policy and principle our suggestion and advice is that divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage.


  • Even otherwise remember that in Indian legal system it is very difficult to get divorce. If you go to court and ask for divorce against your spouse then the onus of proving the facts will be on you.


  • First of all let us discuss the points on which you can get divorce. You can ask court to grant divorce if you feel that you have been subjected to . .

    • Mental cruelty
    • Harassment
    • false 498a case
    • marriage non-consummated
    • Mutual consent

  • The courts can grant you divorce if they satisfied with one or more of the above conditions. The courts can also grant you divorce in case they feel that marriage between husband and wife has broken down irretrievably and no pint will be served by keeping the marriage alive in the eyes of law.


  • But do remember the harsh fact that courts almost always demoralize the husband when he wants divorce on merit. What they want is 'settlement' and mutual divorce where you agree to pay lump sum amount to wife. Almost all the judges of lower courts, HC, SC take their commission from permanent alimony. SIF has been fighting against such biases.


  • It is not possible for me or anyone else to predict what HC or SC will decide in your case .Are they deciding cases on the basis of evidence, merit or justice any way? I can only give you some tips regarding divorce case. For the benefit of all, I am sending it to the saveindianfamily yahoo group also:
    • Never show your desperation for divorce. Be mentally prepared to live without divorce or remarriage. If your vicious wife can live this way, why can't you? Unfortunately, you will have to learn to live this way. Create such circumstances that the woman herself wants divorce.
    • You may also have to forget the custody of your children, if any. When you also go for custody, the court makes every effort that the marriage does not break. They will discourage you by protracting the case or dismissing the same.
    • Making false allegations is cruelty .I have also read somewhere that filing dowry case, whether true or false, is cruelty against the husband. Unfortunately, I do not remember the case name.
    • SC has made it clear that divorce should not be disallowed in case of broken marriage as it would encourage immoral activities. Make use of it..
    • Generally wives do not say they are ready to live with husband but make counter allegations in their reply to divorce petitions. This is not proper way of pleading. Also it makes clear that wife also does not want to keep marriage and the marriage has been irretrievably broken.
    • Make it clear to the court that you are not going to keep your wife even if divorce is not granted. Also you are not going pay her huge compensation.
    • Sometimes you will have to make complaints against the judge. I suggest send your complaints to SC, President of India etc. that court is unnecessarily protracting the case of irretrievably broken marriage. What is the judge's interest in the case? He wants commission or interested in the woman or encouraging prostitution?
    • Mental cruelty is the worst form of cruelty and a strong ground of divorce.
    • Standard of proof required in civil cases is not as strict as for criminal cases.
    • Study the law of Torts for compensation. Take care of the limitations. Law of evidence is also very important.

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