Condonation of Cruelty
Querist :
Anonymous
(Querist) 12 November 2010
This query is : Resolved
Husband and wife were living together. Wife being nagging nature, left matrimonial house after four months and went to her parental house. Husband for 4 months at night after his duties went to wife's parental house and used to stay and have dinner at night and again early in the morning went to his house to get ready for duties. During husband's stay at wife's house they used to cohabit and share bed. There after wife took decision to give divorce to her husband and filed case in court for divorce on the ground of mental and physical cruelty and dowry and demanded alimony money from husband. She has mentioned all the above fact in her petition. In fact no cruelty to wife from husband. Can husband argue that acts of wife is condonation of cruelty as per section 23 of the HMA, 1955 if by chance any cruelty is proved against husband?
If this can happen, than why pending divorce cases in the family and other courts are not settled on this ground and husband is convicted for cruelty and ordered to pay huge amount of alimony and maintenance?
Devajyoti Barman
(Expert) 12 November 2010
Yes the cats as mentioned bu you surely condones the cruelty if there is any.
The court can not settle the cases without going through the necessary stages which every case faces till the trial begins. In other words you can prove such condonaton only at the time of trial as your allegations are subject of proof.
Querist :
Anonymous
(Querist) 13 November 2010
Thank You Sir for Reply,
In your reply you have mentioned that "In other words you can prove such condonaton only at the time of trial as your allegations are subject of proof."
Now Wife has mentioned stated in her petition that "Husband has tried to stay and have dinner at night for 3-4 months and he has no given a single penny foe that from his salary."
So when wife has admitted in her petition the above fact and wife has not condoned all the cruelty in her petition, than still what is to be proved from husband side, I mean what kind of proof is to be given?
