if false DV case is  filed and proved to be false you can file for divorce on grounds of mental cruelty 

Both cases will be put on trial. Imagine, that you proved her wrong in DV, can those documents be used as a basis to obtain relief from family court? Same question right? You can use those documents during the course of trial before family court. But that alone cannot act as a basis to grant the relief.

G.Rajaganapathy

Advocate

High Court of Madras

Dismissal of a case in itself is not a ground for grant of divorce though the order of dismissal would strengthen your suit for divorce. 

domestic violence allegations are false can serve as a ground for claiming cruelty in your divorce petition.

Yes, if you successfully prove that the domestic violence case filed by your wife is false and malicious, it can be considered a ground for cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Filing false cases and leveling baseless allegations amount to mental cruelty, which is a valid ground for divorce. Courts have recognized that subjecting a spouse to unnecessary litigation and false accusations can severely impact their mental well-being and can thus be a basis for granting divorce. Schedule a consultation to discuss all aspects of your case in detail.

Yes. Filing false case is also a cruelty which is sufficient to file divorce case. 

Yes it’s a valid ground for divorce 

Dear Client,

Yes, if it is shown to be false, the case for domestic violence initiated by your wife under the Protection of Women from Domestic Violence Act, 2005, Sections 18, 19, 20, and 22 could serve as a ground for mental cruelty under the Hindu Marriage Act, 1955, Section 13(1)(ia). The courts do recognize wrongful and false allegations such as an application under the Protection of Women from Domestic Violence Distress-causing and reputation damaging", as amounting to cruelty. If you can provide strong evidence, for example, contrary statements made by her or any other documentation indicating that the allegations were made up, would strengthen your case for a divorce on grounds of cruelty. Not only that, but once proven false, these false allegations can constitute a very strong ground for changing and seeking divorce.

Hope, this answer helped you. Please feel free to consult with us in case you have any other legal queries.

The divorce case if already filed then you can add the subsequent developments as additional grounds for divorce. You may have to contest the divorce case on the basis of the original pleadings alone

Yes, if you successfully prove that the domestic violence case filed by your wife under sections 18, 19, 20, and 22 is false, it can indeed be used as a ground for divorce on the basis of cruelty. Under Indian law, particularly the Hindu Marriage Act (if applicable to your case), filing false allegations that can tarnish one's reputation and cause mental agony is considered a form of cruelty.

Here’s what you need to consider:

1. Evidence of Falsity: You will need to provide clear evidence that the accusations made against you are indeed false. This may include witness testimonies, documents, or any other relevant evidence that disproves the claims made by your wife.

2. Legal Representation: It is crucial to have competent legal representation. A lawyer specializing in family law will be able to guide you through the process of gathering the necessary evidence and presenting your case effectively in court.

3. Impact of False Claims: In your divorce petition, your lawyer can argue that the false accusations constitute mental cruelty and thus are a valid ground for divorce. The court will consider whether the false allegations have caused you mental pain and suffering.

4. Court Proceedings: The divorce proceedings will examine all aspects of the marriage, including any claims and counterclaims by both parties. The context and impact of the false allegations will be scrutinized carefully.

5. Outcome: If the court finds the domestic violence allegations to be false and accepts that they amount to cruelty, it can serve as a sufficient basis to grant a divorce.

Successfully proving that the allegations are false and constitute cruelty can strengthen your case significantly. However, remember that divorce proceedings can be complex and emotionally taxing, so it's important to be prepared for a potentially lengthy legal process.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Wife seeking protection domestic violence, exercising her right  to residence in shared house, monetary relief and compensation. All there are defensive reliefs. There no allegation any false offence is made. It will not be of much help in divorce  case even dismissed on merit.

Yes, Legally it is! 

You have to fight adequately in DV. 

- Yes, if her complaint under the said provisions of DV Act dismissed then those allegations can be considered as ground for getting divorce.