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T. Saranvelu (Government service)     15 February 2013

Divorce- mental cruelty

Sir,

I have filed case for divorce from wife on basis of mental cruelty specifically on suicide threatening and the case is now ending stage. I need judgement informations or copy on divorce granted on basis of suicide threatening. Hence, I request that those you are having same or judgement copy from high court or supreme court may kindly be given for my case, please do the needful sirs.



Learning

 6 Replies

Chetan Joshi (Advisory/Advocacy)     15 February 2013

I do not have a judgement on suicide as cruelty but in Dastane v. Dastane, what amounts to cruelty is defined.....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Vinayak (self)     16 February 2013

Hope you have proof of her threats

 

You have said case is in final stages. Is the evidence and inquiry over ? What happened during her cross examination ? Did her threats come out ? What are her counter allegations ?

 

Also we're you hit with interim maintenance ? I'e are you paying her something ?

 

I have enclosed a news paper report .... See if this helps you ...

This is just a news paper report and you should search for the case law Please post your experiences here See news report link below

https://fromvinayak.blogspot.com/2013/02/now-suicide-attempts-may-end-your.html

-------------------------

Regards

Vinayak

I am NOT a lawyer !!

I am husband who obtained the gift of 498a from the beloved wife a decade + ago. I have been helping other victims


(Guest)

@Querist,

 

I believe the case of 'Pankaj Mahajan vs. Dimple@kajal' is best suited to your case.

 

I am attaching the file herewith or alternatively you can visit and search by case name at https://www.judis.nic.in or https://www.Indiankanoon.org

 

Hope that helps.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,


Attached File : 948125173 pankaj mahajan vs dimple@kajal.pdf downloaded: 144 times

(Guest)

@Querist,

 

In reference to your case, The judgement of the case 'Pankaj Mahajan vs. Dimple@Kajal' is best suited.


I am attaching the file herewith.

 

Hope that helps.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,


Attached File : 948126890 pankaj mahajan vs dimple@kajal.pdf downloaded: 118 times

Vinayak (self)     16 February 2013

Good reply Mr Sunitra Kumar

However in the case you have mentioned I think acure deression and schizopherenia are included

I am not sure IF the original poster's case has a similar schinoperenia situation

anyhow thanks for sharing 

I plan to blog this case as well 

 

Further : 

A technical question ...did you post that reply over the net or did you use an e mail to post the reply ? 

I wish to post replies by e mail and so this technical question

 

 

regards

Vinayak


(Guest)
Originally posted by : Vinayak

Good reply Mr Sunitra Kumar

However in the case you have mentioned I think acure deression and schizopherenia are included

I am not sure IF the original poster's case has a similar schinoperenia situation

anyhow thanks for sharing 

I plan to blog this case as well 

 

Further : 

A technical question ...did you post that reply over the net or did you use an e mail to post the reply ? 

I wish to post replies by e mail and so this technical question

 

 

regards

Vinayak

Probably, you missed the important observation by the supereme court which is mentioned in Paragraph 23 of the attached document. It goes like

" It is well settled that giving repeated threats to commit suicide amounts to cruelty. When such a thing is repeated in the form of sign or gesture, no spouse can live peacefully. In the case on hand, the appellant-husband has placed adequate materials to show that the respondent-wife used to give repeated threats to commit suicide and once even tried to commit suicide by jumping from the terrace."

 

What you mentioned in context is the ingredients compounding the degree of cruelty and doesn't waive off the addition of suicidal threats to the meaning of cruelty.Ingredients that heighten the altitude of cruelty is decided on the case to case basis.

 

Hope that's sufficient explanation to clarify your doubt.

 

Now Coming to your technical question, Which method I do use or not is immaterial and thereby the request disposed off. In addition I would like to say use whatever method you like and suits your need as per your convenience.

 

Note-This reply should be taken as per the declaration given in my profile page.


Thanks,

Regards,


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