Divorce
Hukum Singh
(Querist) 14 June 2013
This query is : Resolved
Husband wants divorce from wife.
Do this attract 498a harassment,DV, 420 , 125 crpc , 406 ?
Advocate M.Bhadra
(Expert) 14 June 2013
No,two cases are separate issue and cause of action.
Section 13 in The Hindu Marriage Act, 1955
Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) 1[ has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) 1[ has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,-
(a) the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or]
has 2[ been suffering from a virulent and incurable from of leprosy; or
(v) has 2[ been suffering from venereal disease in a communicable from; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
1. Subs. by Act 68 of 1976, s. 7. for the former cl.
2. Certain words omitted by s. 7, ibid
1[ Explanation.- In this sub- section, the expression" desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 3[
4[ Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-
(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 6[ bestiality; or]
(iii) 7[ that in suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 , (78 of 1956 .) or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974 .) (or under the
Section 498A in The Indian Penal Code
498A. Husband or relative of husband of a woman subjecting her to cruelty.-- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Hukum Singh
(Querist) 14 June 2013
Husband do not want to stay with wife.
Is this not cruelty to wife as per DV,498a?
Adv Archana Deshmukh
(Expert) 14 June 2013
It is not cruelty so as to constitute an offence u/s. 498A or attract DV Act.
Hukum Singh
(Querist) 14 June 2013
Then why lawyers say file RCR in place of divorce case after 498a.
Indian law also favor 498a if husband want divorce from his wife.
ajay sethi
(Expert) 14 June 2013
RCR is advisable if you want your wife back . other wise file for divorce
Hukum Singh
(Querist) 14 June 2013
I do not want a 498a back.
I asked them for reasonable amount then they opened their mouth like "Sursa ka Muh" .
I asked them to calculate their expenses from marriage day till today and take that amount. Anyway there is no law to give that amount as I want divorce I do agree to give that. But those greedy people think this person is giving money why not take as much we can. When I say x they say 4x. When I say X+50,000 then also they say 4x lakhs(Looks like fixed price shop!!).
When I increased amount they thought this person will come to 4x also.
Is there any way to deal these type of greedy people? Do these type of people do marriage of their daughter to double,triple their money in short term? Is Indian marriage a business for greedy in-laws?
They gave suppose 10 things in marriage but they shown 35 - 40 things in marriage.
They gave X tolas gold but they shown X+20 tolas.
Will they not go to hell or heaven? Where they will take my hard earn money which they are trying to take unlawfully? I believe surely they will use it in some hospital.
If those greedy people do like this I think they will not even get X+50,000.
Why not these people fight their cases till their death and take justice? Just they file cases to fetch money from husband.
Do they get justice by money? Will money work as justice for these greedy people?
ajay sethi
(Expert) 15 June 2013
if you dont want to pay fight your case on merits . it may be long drawn affair but if you have good case on merits you will surely succeed
Rajendra K Goyal
(Expert) 15 June 2013
If you continue to fight your case for some time, possibly some acceptable platform may reach. Keep up fighting on merits.
