Divorce
surya surya
(Querist) 25 February 2014
This query is : Resolved
sir,
my marriege took place in nov 2009.our relation was not good from the marriege.
In july 2010 my mother got operated. as my wife is working woman,she refuse to take leave and refused to take care of MIL.so i kept my mother at my uncle's place.
After operation of my mother,my father was admitted in hospital in aug 2010. At that time she done the same thing and refused to take care of FIL.
She left me in month of sep 2010.
I went to her house in nov 2010 to bring her back,but she refused to join me.
I filed devorce case in jan 2011 on the ground of cruelty.
she filed DV & RCR in month jun 2011 & july 2011.
So my query is taht
1)are above mention things ground of cruelty?
2)what if court reject my case?
3)if she win the RCR,What next option I have?
Devajyoti Barman
(Expert) 26 February 2014
1.yes
2.prefer appeal in high court.
3.apply for analogous hearing of both suits.
Rajendra K Goyal
(Expert) 26 February 2014
1. It amounts to cruelty.
2. In such case file appeal to High court.
3. Agree with the expert Devajyoti Barman.
Guest
(Expert) 26 February 2014
Well advised.
Biswanath Roy
(Expert) 26 February 2014
In reply to Q.1. I say cruelty means the intentional and malicious infliction of mental or physical suffering on a living creature. viz.,abuse and inhuman treatment.
According to Indian Penal Code it means 'a willful conduct'. The word willful contemplates obstinate and deliberate behaviour on the part of the offender for it to amount to cruelty. Thus mens-rea is an essential ingredients of the offense. In reply to your Q.2. I say good advocacy is required to prove cruelty to Husband because I won to distinct cases. IF YOUR CASE DISMISSES YOU CAN PREFER AN APPEAL against it. In reply to Q. 3. I say, if your wife is successful in RCR either you shall have to file a REVISION or prefer an APPEAL against the order.
V R SHROFF
(Expert) 26 February 2014
1)are above mention things ground of cruelty? Advised to file divorce on grd of desertion, not to look after MIL/ FIL is legal choice, she can refuse. u cannot compel, nor is cruelty, as not a duty of wife..
2)what if court reject my case?Ans: APPEAL
3)if she win the RCR,What next option I have? Ans:As she left on her own,refused to come back when called, RCR cannot succeed.
RCR IS USELESS. NOT EFFECTIVE
surya surya
(Querist) 26 February 2014
Thanks for the reply,but mr.shroff i am the only son of my parents.
If any wrong things happens to three of us,Then legally my wife have all the rights to claim on our assets.
and what is the responsbilities of wife,when she is living with husband & parents in laws.
my parents are senior citizen.
In cross examine,opposite lawyer ask me about my mother's operation & did not ask any thing related to father's illness.
i have submitted medical papers of parents in the court as proof.
Devajyoti Barman
(Expert) 27 February 2014
You have filed enough proof. Now waiat for the verdict.
V R SHROFF
(Expert) 27 February 2014
No law : that wife must take care of FUL, MIL, one can keep nurse.
Wife is not duty bound./.
Property laws are diff issue. take care or not, legal heirs get their share.
Law and sentiment are like sky and soil , never meet., parallel.
""but mr.shroff i am the only son of my parents "" It does not matter, for Legal matters of h-w.
surya surya
(Querist) 27 February 2014
thanks very much, but sir she has done this things intentionally.
T. Kalaiselvan, Advocate
(Expert) 28 February 2014
I think Mr. Shroff has answered very correctly and appropriately. It is not the duty of a daughter in law to take care of the MIL or FIL, it is only a courtesy and tradition in the Hindu culture.
About answer to other queries raised, have been answered properly by all experts and I agree with them.
