Please provide judgements for divorce under section 13(1)(i) in favour of husband.
Krishna
(Querist) 20 May 2014
This query is : Resolved
Can anyone please help me in providing judgements or links to the judgements for the below scenario.
Husband applied for divorce as he was not unable to bare the torture of the wife. Under section 13(1)(i). She used to show superiority complex as her earnings was more than him. She suffered him a lot but there are no proofs for that.
They got married a year back only; both of them lived alone in a rented apartment after their marriage. Parents of husband stayed in their home town. Wife left house after quarreling with husband. There are no children for them.
Once after receiving divorce notice wife filed complaint under 498 A , Sec 506 , Sec 3 & 4 of DP act on all the family members even though parents of husband are not residing under one roof and not even in same city.
After that she filed for RCR also. Again she filed DVC complaint on husband. Now the RCR case came to arguments and judgement phase.
498 A and DVC cases are still in process.
Can anyone please help me in providing judgements for the cases where divorce is granted when a husband had applied for divorce under section 13(1)(i) where wife filed false 498 a and DVC complaints against him and his family members.
Divorce should be granted in favor of husband’s request.
Raj Kumar Makkad
(Expert) 20 May 2014
Though the judgments are not provided by experts on this platform by experts but even then I am violating this general rule in the larger interest of masses as many persons being husband are suffering and all those need similar type of judgments.
CASE LAWS: situations in Hindu marriage where a wife was held as ‘cruel’ to the husband and the Hindu divorce law was applied by the Supreme Court:
I. Mrs. Deepalakshmi Saehia Zingade v/s Sachi Rameshrao Zingade (AIR 2010 Bom 16)
In this case petitioner/wife filed a false case against her husband on the ground of ‘Husband Having Girl Friend’ which is proved as false in a court of law so it can be considered as cruelty against husband.
II. Anil Bharadwaj v Nimlesh Bharadwaj (AIR 1987 Del 111)
According to this case a wife who refuses to have sexual intercourse with the husband without giving any reason was proved as sufficient ground which amounts to cruelty against husband.
III. Kalpana v. Surendranath (AIR 1985 All 253)
According to this case it has been observed that where a wife who refuses to prepare tea for the husband’s friends was declared by the court as cruelty to husband.
V R SHROFF
(Expert) 20 May 2014
Just a year passed, and filed Divorce Petition???
Krishna should find out a friend, for whom your wife refused to prepare tea...So he can Give Evidence of cruelty..
[Raj ji, New Member 20-5-14]
Krishna
(Querist) 20 May 2014
Hi Raj ,
Thanks for the reply. I searched and collected the one you mentioned.
But please provide at least one judgement which is most relevant to this case or any link to those judgements.
Devajyoti Barman
(Expert) 21 May 2014
sorry, I still do not provide decisions here.
The author can easily engage an advocate and get the required citation.
No difficulty.
Krishna
(Querist) 21 May 2014
Please provide at least one judgement which is similar to the above scenario.
Please help me in this.
ajay sethi
(Expert) 21 May 2014
search in indian kanoon.com website for judgements
T. Kalaiselvan, Advocate
(Expert) 22 May 2014
I agree with the experts views and opinions on the subject, nothing more to add.
