Cruelty lapsed in divorce case
anuradha
(Querist) 29 March 2013
This query is : Resolved
if the case is filed by the husband under the ground of cruelty to husband in 2008 and in 2009 the husband and wife both are came together and living together without any application before the court and pendency of case for the period of one and half year and during the said period their were quarrels and n.c. and cross complaint against each other after that both separated and came in the court.
now the case is on argument stage neither the petitioner advocate amend the plaint and put the facts of their cohabitation and quarrels
now my question is whether the cruelty mentioned in the petition got lapse if the husband and wife came together and it will affect on the case to get the divorce because whatever the evidence on record is the facts which arise between husband and wife is after filling of petition and petitioner advocate not amend the plaint which effect on the divorce case
and what is meaning cruelty lapsed in divorce case
Devajyoti Barman
(Expert) 30 March 2013
If their subsequent staying together was made after the tendering of evidence and it was not referred to in the court by either of the parties then there was nothing wrong.
Else it constitute as condonation of all her cruelties.
prabhakar singh
(Expert) 30 March 2013
Unless the subsequently developed facts are pleaded and proved by any of the party before the court,no ipso facto condonation can be surmised,nor any argument could be made in this regard.
Raj Kumar Makkad
(Expert) 02 April 2013
I do endorse the advice of both the experts.
