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desertedhusband (na)     26 March 2012

Definition of cruelty?

Dear Experts,

When a spouse put allegations of cruelty or mental/financial abuse/torture, does the court agrees ot it immediately and blindly because its put by a wife, even if it is merely a claim backedup by crocodile tears?

Or will the court ask for proofs for that? if yes, what are the examles that are accepted by the court as proofs of cruelty/abuse? can even a one email of a simple argument can also count to be proof of cruelty or mental torture? for example if a husband writes an email to his wife to requesting her to not to visit a common relative because he has differences with them. can wife produce such an email as evidence of cruelty?

regards,



Learning

 14 Replies


(Guest)

according to 498A

1] any wilful act that drives the woman to commit suicide or to cause grave injury to life and limbs of that woman or

2] harassing he woman to coerce her to meet any unlawful demand for any property.

the above mentioned acts are cruelty.

not necessarily these acts need proof on part of woman. our media and police strongly believe that woman always speaks truth.

our blind, animal-like, idiot, stupid brainless indian common public have unshakable faith in the word that: woman can not lie since she can be your mother.

ha ha ha ha!!!

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 March 2012

Dear Querist,

Cases in Courts are decided on the basis of evidence and not emotional arguments.Any party wishing court to give him/her the decree would have to prove the existence of cruelty/adultery on looking at which the court feels certain that it must have happenned. The mail that you talk about does not seem to prove cruelty at all. 

desertedhusband (na)     26 March 2012

As far as suicide attemts are concerned, once my brother in law threatened me over the phone that they can drag me to the court because his sister has even tried twice to committ suicide because my cruelty towards her.

And, on the onset, I was taken aback thinking, wowWW!!!! now when did that happen because she never done any such thing while she was staying with me. then through a common relative, we came to know that to take a sympathy of her brother's wife so that she can stay at her parents home with them, she tried such awfull act..

can you imagine, she tried twice!!! still could not succeed even once...how sad...

well now the question is that if wife tries to commit a suicide at her parents home after marriage (not sure how true it is or can be proved or not, they just claimed verbally) can that be put on a  reason cruelty of husband? how can a suicide attempt be proved...?


(Guest)

i think in case of women only oral mentioning of suicide attempta is enough. our blind, idiotic, dumbo judicial system and common public will easily accept such claim.

desertedhusband (na)     27 March 2012

Hello Mr. Arnab,

At emotional level, what you say, goes absolutely true for aam aadmi's understanding. But I will still request any one to answer from law's perspective as it prevails in India.

Regards,

rajiv_lodha (zz)     28 March 2012

@Desertedhusband!

U need not worry. If she commits suicide in these circumstances at her parents house, & leaves a suicide note too blaming u for her act......................at the most it will be a little bit of harassment for ur family, u may be running here & there for a few days. But nothing determinental will happen against u.

Abettment to suice charges are not easy to sail throu'. IMMEDIATELY-PRIOR & CAUSITIVE action from ur side shud be existing that too beyond doubt to prosecute u.

Precaution here is that never DIRECTLY communicate with her by any means from now on! If u receive such talks in future, forget not to RECORD them.

Gud Luk...........Rajiv

desertedhusband (na)     28 March 2012

Thanks, Rajiv

Thats a very strengthening info.

Regards,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 March 2012

The person who is claiming any fact has to prove the same.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

desertedhusband (na)     29 March 2012

Mr. Shonee, 

Can she claim that she tried to comit to suicide because of me as i had written her an email requesting her not to visit a friend? is that a proof enough of any type of cruelty compelling a wife to commit suicide?

I may be sounding silly but anything is possible in Indian law system.

Regards,

 

desertedhusband (na)     29 March 2012

Also, sir please throw some lite on the definition of desertion as base for divorce. I mean when they say physical separation, who is the deserted one? the one who is left or the one who leaves. for examle if a wife leaves husband's home and has been living with her parents and does not come back to her husband and husband also did not go to bring her back. have been livng separately for two years afterwards. who is deserted in this case? can wife claim to be deserted in this case by giving the reason that her husband did not come to fetch her?

i had asked this query in other thread also but did not get any answer.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

Suicide attempt is always a grey area. Can not be described unless cross is complete.

 

And desertion is from the person and not the place only.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

desertedhusband (na)     30 March 2012

Thank you Mr. Shonee, I got the point now. 

Now I have some idea why divorce system is so easy in europian countries and so complicated and lengthy in India. Everything is possible and still everything seems impossible in India's law systems. 

Regards,

Swapnil Shirodkar (Process Control Engineer)     30 March 2012

If you listen to the cruelty allegations by my so called Wife who is a B!tch of a First category, it will sound like a comedy circus

1. My sleep broke because of sound of Utensil

2. My bed and Pillow and room is being used in my absence by your brother and I want the room locked with Nobody using it. ( It was well said By Sir Tajobsindia, This same girl will find the 350 rooms in Rashtrapati Bhawan very small to Dry her hair )

3. My favoratie food is Not made

4. Toilet flush is not working properly

desertedhusband (na)     30 March 2012

It happppens only in India ...ttannannnana...tannannana


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