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Avita   28 November 2015

Divorce under cruelty

Im 24 female. Living in India chennai hindu(married on may20th 2015) I have applied divorce under cruelty.. after applying it i went out with my husband to sort things out nd to try back once again to live together but he doesn't seem to change.. he s still a jerk cruel.. he came just to claim evidence against me and he texted thru watsapp to claim evidence nd there s no love .. so there s no chance of living with him.. While texting he said i mostly doesnt wear thali.. one day i forget to wear my thali after bathing.. but he claims i mostly doesnt wear thali. And he said he has photo proof. Usually im fashionable so while wearing fashion outfit i used to hide thali in .. but he claims i dont wear thali Is not wearing thali a crime? ? Also after our separation i joined higher studies .... is tat too a crime? According to hindu act?


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 3 Replies

Nitish Banka (lawyer)     28 November 2015

The degree of evidence required for peoving cruelty  in divorce case contemplated in various judgements of SC read my article to get an idea here is the link. 

https://lexspeak.in/2015/11/cruelty-for-the-purpose-of-divorce/

In your case the case is not fit for divorce on grounds of cruelty

Thanks & Regards,

Nitish Banka

9891549997

Prasad (Systems Engineer)     28 November 2015


Hi Avita...


"After applying for divorce under cruelty, trying to patch with husband" 

is like 

"calling doctor after killing your husband by stabbing him at the back."


It is only 6 months since your marriage solemnized this May.


If you had some love, respect and trust on your husband and wanted to save this marriage, you should have patiently pursued this with him.


You should give time and space for each other to understand each other and patch up.


If he is still a jerk cruel and you lost all the love, respect and trust on him, pursue the divorce case and get divorce.


But, take this for granted for that it will take from 3 to 5 years for your divorce case to get over.


And you will have very least chance of getting married again.


Better and faster way is to pursue Mutual Consent Divorce.


You yourself accepted that you don't wear "Thali" whenever you don't want to.


So, if your husband respects "Thali", he is right in getting upset on you for not wearing "Thali".


If your had such perception about "Thali", you should have told this to your husband before marriage itself.


Now you cheated and hurted him. You should have demanded marriage without "Thali". Did you had that guts?


"Not wearing Thali" is not a crime but your husband can take this as cruelty on him and report the same to court.


And your husband is right as much you think you are right in disrespecting "Thali".


"Joining higher studies after marriage" is not a crime. 


But you should have discussed this with your husband about this ambition before marriage.


At least you should have discussed this with him before joining the studies.


Now you cheated and hurted him.


Do you know it is very difficult to balance between "being a Home maker" and "doing higher studies"?


As you do not respect "Thali" itself, throw away any Hindu act. Do not worry about any Hindu Act.


If he is still a jerk cruel and you lost all the love, respect and trust on him, pursue the divorce case and get divorce.


But, take this for granted for that it will take from 3 to 5 years for the case to get over.


And you will have very least chance of getting married again.


Better and faster way is to pursue Mutual Consent Divorce.

SAINATH DEVALLA (LEGAL CONSULTANT)     28 November 2015

Wearing of Thali is only considered as a traditional sacred omen for a married Hindu lady,but not mandatory legally.

If the samll differences could be sorted out by both of U personally,don't think of any legal procedures,which will ruin both the lives.Better involve the elders of both the families and see that the differences come to an end.


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