498A - applicability on mental cruelty.

@shanmukh, I totally agree with your view points as being the victim. Mentally i was dead for almost three years since i came to know his betrayal. @ the time of marriage , He assured me like anything that i will give you a happy life, if we get married and did many promises like this. all regarding trust.since i was in good position w.r.t family respect , educational and financial wise than him. Eventhough some allegations was made on him about his previous marriage bse there was no child in 6 yrs of his marriage life, i believed his words and the premarital checkup reports of a reputed hospital and got married to him. Imagine the minute how i felt when all the trust he created turned to betrayal. Sometimes i went for suicidal feelings as no other way for me since I couldn't leave him or live peacefully with him. Ok, now , as you said rightly, these people should be punished. I want the same but with genuine allegations. But for my knowledge, as enquired with some lawyers and read from sources that impotency is a ground for getting divorce and alimony/fine will be ordered but our indian courts won't punish for suppression of impotency as there is no law regarding it. Mine is a well known female lawyer and she said the same. Then i proceeded for impotency case and further MCD

@Bharathi, It varies case to case basis and evidences. Why did you convert to MCD from impotency case? How come MCD case is running in high court than in lower court first? if you take MCD, then you are leaving dangerous people back to society to again marry some other girls for spoiling their lifes? You should try for punishment to these dangerous people. As I said, It's upto you to take decision as it's very tough decision.

You told "since i was in good position w.r.t family respect , educational and financial wise than him"

====> you are getting salary more than 30 lakhs per year? if so, why did you take house from him?

You told "he is from village and you 2 went for premarital medical checkups"

=====> nobody will agree for pre-marital checkups and then he is from village as his parents won't agree or get doubts and won't proceed with your profile.

your details don't seem to be convincing!! Looks like you are not disclosing correct details and seems to be formed story!! Giving false details mean Nobody can help you !!

In our case, we have proofs for demanding/taking dowry and some other evidences regarding his torture, his family torture. Suppressing impotency, marrying the girl is cheating and causing mental cruelty. 498A is for both physical and mental cruelty. The fact of impotency. taking dowry, and their torture/harassing girl etc etc will surely punish them for minimum 3+ years. We have already taken opinion of 2-3 senior advocates with our proofs and then filed the cases. Surely, we can win in lower court for punishment. In worst case, lower court does not punish him and his family, we are ready to go higher courts for getting justice. We don't leave these sadists/psychos/impotents and sadistic family. 

Impotent husband is not going to be saint to sit idle and be calm ===> He married purposefully to extract dowry, demand additional dowry after marriage, demanding/taking her salary etc etc ===> his family is also too sadistic and big psychos ==> they want MONEY FROM THIS MARRIAGE BUSINESS ==> 498A means all this only. For DOWRY demanding/taking 3 4 DPA, for threatening to kill the girl and girl's family, Section 506. Judge will surely punish these people with one of 498A, 34 DPA, 506 sections as we have proofs and can convince Judge easily. We also going to file cheating case (420), defmation case and signature forgery cases on them. So, we can surely punish them for JAILING. We have decided already to fight in the courts till we get justice for their JAILING till Supreme Court also. If cases run for years and years (10 to 20 yrs), then thats also punishment to criminals. We are taking everything positively and moving forward.

CRIMINALS CAN NOT ESCAPE ALL THE TIME.

WE WILL FIGHT AND FIGHT TILL THEY ARE PUNISHED SEVERELY.

I don't fake a single detail here or anywhere. Even though he spoiled my life, i don't want to spoil his life by saying false allegations hence i didn't proceed with 498A . As per my enquiry with advocates i came to know my case will not be succeeded in IPC 498a without false allegations. Since i was not ready to go with false allegations, i have only option to proceed with impotency case under section 12 of HMA. But after a month through some mediation of my side he agreed for MCD then both of us put a fresh MCD petition apart from earlier petition. The two cases are running in high court now. i keep the earlier case live bse if he don't agree with mcd anytime, i ll go with earlier case. I went for mcd bse my well wishers told me that he won't have happy marriage life afterwards but you will have a happy marriage life certainly.

I don't getting salary more than 30L but he only getting that much salary. What i said is at the time of marriage he was getting salary of 1lac per year and nothing asset for him . But i was in govt.job, my family is wealthier than his family, etc ,like that. He has gifted that property as a result of my parents wish & compulsion bse they asked him to make a security for me as he has no other way to keep me stay with him as he feared that i may go with any criminal proceedings if the property is not gifted or i may inform his problem to his relatives. But then he compelled to go for artificial insemination by any means.

Of course, he had agreed to go with premarital checkup when i asked about that. Thats why we trust him. But he had not disclosed this check up matter to his parents as they are far away living in village. Its clear that he already went for this check ups in his previous marriage life and knew that in pre marital check up, drs. are going to test with semen analysis only but not with impotency test unless it is asked particularly. Thats why he agreed with the tests when i asked. As he expected, semen analysis only done in that test and he had good results. I don't know whether it is natural or fraud by injecting or taking tablets to success semen test. At that time i didn't know about impotency and semen analysis are different tests

@ shanmukh, From various sources, I know clearly i ll not succeed in my case if i won't put false allegations on him in 498A. But i don't want that. As you said He cannot escape all the time. God will punish him in time. My divorce and the loss of gifted property are the punishment i can give to him. I cannot run for years behind a criminal case when it is unsure whether he will be punished for his crime or just ordered with only fine/compensation. Compensation is nothing to him as he is a sr.software professional. I read that no court in india has ordered punishment for suppressing impotency and spoiled a girl life, its just divorce and compensation only. Its shame that courts are considering girl's salary and educational background for awarding compensation even the husband made her life total spoil. In this circumstances, how can i believe courts to give justice to me? If i proceed with impotency case , surely i ll get divorce on impotency grounds and compensation based on situations but it will take few years . But i can get divorce thro' mcd within 6 months and already i got the compensation in the form of gifted property. And i certainly believe that i ll have a happy marriage life as i don't have any single problem with my health , otherwise i go with adopting a female child as the case may be

@Bharathi, go ahead and do whatever you want for yours. Ours is genuine 498A, 34DPA, 506 CRIMINAL case on husband, his family members with solid proofs about his impotency, dowry taking+demanding, threatenings to kill by those sadists/psychos/frauders, big cheating. We have some proofs about Husband's big brother's threatenings to kill girl and girl's family, husband's mother trying to kill girl with gas leakage, ATM card demand by husband's mother, father & small brother.

We are 100% sure and damn sure that they will be JAILED with atleast 3+ years or more. We have been fighting in the courts from last 3 yrs and will fight for next 30 yrs also till we get proper justice of their JAILING as they spoiled girl's life and girl's family life. 

Meanwhile, we are going to file defamation case, cheating case and signature forgery criminal cases on them. We have already decided to send them to JAIL and thats the correct PUNISHMENT than simply taking divorce. We took very strong & tough decision to fight for justice with strong mind. We have already taken opinion of 2 senior advocates and few lady commissions. We are FIGHTING & FIGHTING FOR THEIR JAILING ONLY!!!

Originally posted by : bharathi
	Hi, I got married since 4yrs in 2013 and got separated before 1 yr. My age 37 .this is second marriage for both .After few months of marriage i knew that He is impotent from young age and got divorce in first marriage due to his impotency. He suppressed all facts from me before marriage and after marriage. After 3 yrs of struggle and waiting for his cure of impotency i realized all his dramas. For 3 yrs he lied so much and caused so much mental cruelty to me. he harassed me by mental cruelty and finally wanted a child to maintain his social image. I left him though having fear of society's words,after he has compelled me to do artificial insemination by others sperm for child. In between he gifted his house of value rs.30 lakhs to me to go for child treatment. After this he did more cruelty by words and physical also .But im not ok for that and left out of the house. I have filed MCD before 4 months bse my parents and wellwishers told to put mutual case since it took 6months only for divorce so that i can come out of this easily & be peaceful. But im not satisfied with mutual case. Bse he was knowingly did it and made my life spoiled. He spoiled two womens lives. Sometimes my mind got worst that i thought i should go for suicide only no other way to live and society will throw words on me ... like thoughts. Sure he is going to try spoil another women by doing another marriage after mutual divorce. He is thinking that he ll hide all his issues by money as he is earning 30 lakhs per year. Now my doubt is can i proceed with 498A for mental cruelty on him by withdrawing mutual case? Is 498a is useful for this type of mental cruelty complications? Pls guide me

@Bharathi, As he is impotent and dont have any future or life, why you have to suic*de? As you said he is impotent, sadist, pshycho he should do so that he can do lokakalyanam or some use by doing that. better you ask him do that so that both families will  be happier. 

@Bharathi

If that impotent is really born to one father only and mother( his mother must be b**tch , he must have born by otehr people's sperms thats why he suggested as his mother did the same with  his unknown father.), ask him to come for medical test rather than doign cheap tricks. truth cant be be hidden long time. it will reveal even though it takes time. dont leave that bi*tch borned bustard impotent. he will definitely spoil more girls and families. Dont worry , this impotent defly will d**e soon. wait for that.