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BMy cousin got married a couple of years ago, but due to ongoing differences, he and his wife have been living separately for the past 1.5 years. He has been trying to get a mutual consent divorce, but it hasn’t worked out. Now, he’s thinking of filing for a contested divorce.
He’s worried that his wife or her family might file false cases against him out of revenge. Given how these things sometimes go in India, is this a real possibility? If so, what steps can he take to protect himself legally? Would appreciate any advice from those who’ve been through this or have legal knowledge.
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RAs a lawyer this are my advice to all clients who go through this type of situations
Your cousin faces a tough situation with a contested divorce in India, where false cases like dowry harassment (Section 498A) are a real risk. To protect himself:
1) Hire a skilled family lawyer familiar with such cases;
2) Gather evidence like proof of separation (1.5 years) and communication attempts for mutual divorce;
3) Apply for anticipatory bail if he fears false criminal charges;
4) Keep all interactions with his wife or her family documented (texts, emails) to counter fabricated claims;
5) File the contested divorce soon, citing desertion or cruelty, with solid evidence to strengthen his case. Acting proactively with legal support can minimize risks and help him navigate potential revenge tactics effectively. -
P1. She can file the cases on Dowry Harassment and Domestic Violence. If they are fake, the trial should prove it so. As these proceedings proceed, she has to show evidence for the allegations made. If your cousin is very sure that there is nothing of that sort, he doesn’t have to be worried of the same.
2. Not being in domestic relationship in the past 1.5 years can be considered by the courts while deciding the Domestic Violence case. This cannot be a deterrent to file the cases. She can file based on the past incidents.
3. However hiring a competent advocate is very crucial to prove the cases are fake.
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**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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UIt’s possible for cases to be filed during contested divorce proceedings.
My wife and I have been separated since October 2023. In February 2024, she made a false domestic violence allegation against me at the nearby police station. The police investigated this claim and found it to be unsubstantiated.
I then filed for divorce in June 2024. During court-ordered mediation, her lawyer expressed willingness to proceed with the divorce if we agreed to her alimony demands. We proposed an amount, which they rejected.
Subsequently, my wife filed another domestic violence case, this time targeting me and my family. We have been ordered to appear before the Protection Officer on April 8th.
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