Successful Defence and Counter-Claim in a Divorce Proceeding under Section 13(1)(i-a) of the Hindu Marriage Act, 1955
Court: Family Court
Case Type: Divorce Petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955
Parties: Petitioner (Wife) vs. Respondent (Husband – Medical Practitioner)
Handled by: SJ Law Firm
Background
A reputed medical practitioner approached SJ Law Firm after receiving a summons in a matrimonial dispute filed by his wife under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking divorce on the alleged grounds of cruelty. Alongside, the petitioner also sought maintenance and claimed 50% share in the jointly owned residential property, seeking that as permanent alimony.
Our Strategy
Upon a detailed review of the case, our firm identified that the allegations levelled by the petitioner were false, exaggerated, and unsupported by credible evidence. The financial claims made by the petitioner were also inconsistent with her own affidavit of assets and liabilities, revealing suppression of income and material facts.
Accordingly, we filed a counter-claim for divorce on behalf of the respondent (husband), asserting that it was in fact the husband who had suffered cruelty during the marriage, not the wife. We meticulously prepared documentary evidence and examined witnesses to establish the respondent’s case and expose the contradictions in the petitioner’s statements.
Trial and Arguments
During the detailed trial proceedings, our team effectively cross-examined the petitioner and her witnesses, bringing forth the following key points:
- The allegations of cruelty were unsubstantiated and inconsistent with the petitioner’s own conduct.
- The petitioner had concealed her independent income sources and misrepresented her financial status before the Court.
- The evidence on record clearly demonstrated psychological and emotional cruelty inflicted upon the husband throughout the marriage.
Through a combination of strong evidence, well-structured legal arguments, and strategic presentation, we established that the petitioner had approached the Court with unclean hands and was not entitled to any relief.
Judgment
The Hon’ble Family Court accepted our submissions and held that:
- The allegations of cruelty made by the petitioner were false and not proved.
- The respondent/husband successfully established cruelty on the part of the wife, justifying the grant of divorce in his favour.
- The petition for divorce filed by the wife was dismissed, and the counter-claim of the husband was allowed.
- The claim for permanent alimony and property share made by the petitioner was also rejected, considering her conduct and suppression of financial details.
Outcome
The Court granted divorce in favour of the respondent (husband) under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, while dismissing all claims of the petitioner regarding maintenance, permanent alimony, and property share.
Conclusion
This case reaffirms that the Court does not favour false and exaggerated claims made with the intention to harass the other spouse. The outcome underscores the importance of honest disclosure, consistent pleadings, and credible evidence in matrimonial litigation.
At SJ Law Firm, we take pride in providing strategic, evidence-driven, and result-oriented representation that upholds justice and truth in every case we handle.