Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pareshan Purush (Engineer)     14 September 2014

Which of the following is form of cruelty and amount divorce

I was blackmailed to marry this girl who happens to be my wife for 4 months now. Before starting to date her - I had clearly mentioned that its not possible for me to marry as my family doesn't accept inter caste marriage. She convinced me by saying even she was looking for grooms so that shouldn't matter. Later she blackmailed me and created a scene in my building. I informed her brother in law but he thought its a matter regarding both of us and ignored to take her. Next day again she created ruckus in my flat for 5 hourts and blackmailed me. I gave up and married in a temple agaisnt my will. My family, her family - no one was informed. Before marriage she also told me that her family will support them but they didnt. All men in her family came, made a video of me asking me to say it was marriage by consent, fearing life and due to humiliation - i did. and desserted the girl too.

a. after marriage the girl assasinates my character by saying dirty things about my past girlfriends and linking me to them when i have nothing and its has been over years ago. Does it amount to cruelty?

b. the girl has violent outburts where though she physically doesn't harm but gets pretty abusing and its hard to reason with her. also he is moody and uses emotional blackmail like crying in office, public places which causes me humiliation. I am very disturbed as this has been going around for 4 months? Does this amount to creuelty?

c. If I have her confessing on a audio and call[i did it when she was in a remorse mode] - that she emotionally blackmailed me and forced me for marriage. Also mails, chatsand call records - can mariiage be challenged?

d. Also she has her one ovary removed and I came to know it after marriage - does this amount to hiding information? and is subject to asking for divorce?

e. She asks me to give her my fone so that she could check - which i refuse as she already harasses me a lot on whatever small i told her about my past. I fear her harassing my female friends. I an clean of ill doing and she admits its when she is calm. Also if i go out somewhere for last one year - i have to send her proofs like fotos. Due to this i am literally on house arrest as we dont live together since first day of marriage. I managed to buy some time cos i wanted to challenge this marriage or seek divorce with proof and not end up being like this all her life? Does all this amount to cruelty?

f. Do emails, chats, audio recordings form proof? Also i have never doubted her character like she assasinates mine. If court doesn't hold any ground for divorce - and doesn't grant it do i have to rot in hell all my life?



Learning

 3 Replies

Tajobsindia (Senior Partner )     14 September 2014

1. Divorce can be granted immediately after marriage if there is absolute lack of s*x between husband and wife.

2. S. 14 HMA grants the power to courts to entertain the Petition in exceptional circumstances.

3. Seek assistance of a seasoned local advocate and plead out that there was lack of mutual co-ordination and during matrimonial life there was not a single instance of love and affection between the parties. Plead further that it is clear that the facts are one of exceptional hardship to parties. It would be impossible for them to continue together. Hence the proviso to S. 14 HMA can be safely invoked. 

4. To do above both parties need to file a joint petition before jurisdiction family Court.

Pareshan Purush (Engineer)     14 September 2014

Hi Tajobsindia,

How can be physical relation missng be proven? we already were ina relation before marriage but she was looking for grooms. Post marriage we dont live together but she visits by my house in weekends and we go to office together. Now and then when I share that i am not happy with this forced marriage - I am harassed and also if i ask her to refrain from me - she has outburts - violents and creates a lot of drama. Its like being caught up in a mess.


If she is not ready to cooperate - can I still file it immediately? under this section.

Tajobsindia (Senior Partner )     15 September 2014

1. By stopping having s*x with her!
2. By stopping duties of a husband.
3. By stopping going together to office.
4. By shifting to another rented place and thus stopping her to meet you every weekend at present home.
5. The petition under S. 14 HMA is always filed jointly by affected parties. 
6. If she is not currently cooperating in joint filing of S. 14 HMA Petition then wait for 1 year of marriage to complete and then contact a local advocate found via reference and use all current alleged facts r/w subsequent alleged 'cruelty' facts to seek divorce under cruelty from her. 


Lastly;
Pray daily to Lord Hanuman to give you supreme manly strength, courage and vision to face such metro wife in corridors of Court.. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register