Alligations by husband
Guest
(Querist) 11 December 2010
This query is : Resolved
I have some Questions regarding alligations & divorce . ( The wife is not ready for divorce ) and is such cases can court order for reconciliation between husband & wife .
1) If husband inflicts alligation on wife, that the wife was not virgin. And if the wife is very devoted and have no relations or didn't committ any adultry after her marriage,wife is faithful. So can still the husband make an issue about wife's virginity for divorce ???
2) If the husband says that his wife is not capable of delivering a child[ baby], so he want divorce. Can husband say this & is he allowed to break marriage on this reason ???
3) Can husband show or say that his wife is cruel just because she fought on small,petty household things with her husband soon after marriage. Can adjustment issues after marriage be proved as cruely ??? ( note- the wife is not ready for divorce)
4) what is cruelty of a wife actually ???
sachin sethi
(Expert) 11 December 2010
a) Court can order for reconciliation in such a situation....in fact it is mandatory to seek for reconciliation first....
b)Wife being not virgin at the time of marriage is no ground for divorce....as such husband can not be allowed to pray for a decree on these pleadings....
c)husband will not be allowed to divorce on the ground that wife is unable to procreate....however if there is no subsistence or existence of the conjugal rights on account of any disease or deformity in wife and matter is of concealment of the same,,,and procreation is not possible on this account,,, then the situation may be different...
d)yes husband can plead as well as prove the cruelty of wife to the effect of being her quarrelsome lady making issues of trifles....
e) there is no exact definition of cruelty any where so far the matrimonial proceedings are concerned....each case depends on its own merits....
Guest
(Querist) 11 December 2010
Thankyou sachin sir.
Guest
(Querist) 11 December 2010
Thankyou all. But between a newly wed couple fights and adjustment problem are common, it takes years to make an understanding and proper adjustment. So how can small household fights become a ground for divorce ????? Then every couple will go and file for divorce. so i think this is not a big reason.
