Upgrad LLM

calling vulgar names to spouse is a ground for divorce

For justice and dignity

Call your spouse names at your own peril

 

 

The next time you have an argument with your spouse, mind your language. For, use of abuses such as haramzada (b*st*rd) and janwar (animal) is a valid ground for divorce.

Upholding the separation of doctors Seema and Alkesh Chaudhary, the Delhi high court (HC) pulled up the woman on Tuesday for using derogatory words during an altercation with her husband despite being a doctor and daughter of a Class-I gazetted officer.

“A highly-qualified doctor belonging to a reputed family is not expected to use such language. Considering the social status and educational level of the parties, the language used by the wife is enough to constitute mental cruelty to the husband,” Justice Kailash Gambhir said after listening to a taped conversation of the couple produce by Alkesh.

The doctors, who married on April 17, 1992, had a child in 1996. But things started going wrong soon after.

Aggrieved at the cruelty inflicted by Seema on various occasions, Alkesh moved court for a legal separation. He was soon granted divorce on the ground of cruelty. But Seema denied all allegations and challenged the order in the high court.

“In the present case, it is clear that despite forgiveness and tolerance on the part of the husband, the wife continued her vicious behaviour. From her callousness and brutal remarks about the husband and his family members, it is clear that her cruelty continued,” the court observed.

It also took note of the cruelty faced by the husband when the wife filed a criminal complaint against him with the women’s cell.
Concerned at the future of the couple’s child, HC said, “The child’s future would be marred in the operoseness of the legal battle. The child would bear the brunt of clashing egos. More often than not, in cases like the present one the acrimony of the spouses dims the hope of eternity of the holy union into nothingness.”

 

http://www.dnaindia.com/india/report_call-your-spouse-names-at-your-own-peril_1502028


Total likes : 1 times

 
Reply   
 
Senior Partner

General discussion...............

1.
Delhi spouse who questioned few days ago on my gyan on using tape conversation and video recording as capturing acts of cruelties now must have got the answer that production of these are treated as valid evidences and that is the only way to protect yourself living with a abusive lady in 4 walls of your bedroom.


2. For ladies the entire police force, caw read with judiciary is there 24 Hrs. to protect her means first protect her then arrest husband and then we will see what to do........so before all these do record audio and video as proofs of alleged acts of her abuse / cruelties etc. 


3. There are similar citations from Mumbai HC and this one from Delhi HC and 1 of Karnataka HC use them to prove your innocence. Forget what one of the advocates passionately here says that it is perception of one single Judge and then there is SC blah blah blah…... For a husband to prove his ‘innocence’ against 'gospel truth" of a lady is the most difficult part. Handful of prudent ld. members in Judiciary have slowly realized where the fault is.


Total likes : 2 times

 
Reply   
 


Advocate

Thanks Roshni Ji

 
Reply   
 
Advocate

Very good information to victims/-husbands - -----


Total likes : 1 times

 
Reply   
 

It is very, very important to note that judgments shall not be interpreted on the basis of newspaper statements.  If any one wants to find out what are the entire facts of the case and what the hon'ble judge wants to say about them and whether the judge wants to put forth any new proposition of law giving it effect of binding nature, there is no other way except to read the entire law.  For the benefit of the readers, I am attaching the entire judgment.

The above said case is not talking about the evidentary value of telephonic conversation, which some people try to thrust upon us.  Even in the civil proceedings, it is very difficult to prove the telephonic recorded conversation because voices can be manipulated as well as tape records can be manipulated.  Matching of the voice is another big problem.  Expert's evidence can be challenged by another expert evidence.

But in the given case, at the trial court, the necessary steps have not been taken by the wife, which should have been taken in the evidence stage.  I quote that part from the judgment:

"15. The acts of cruelty after August, 1995 committed

by the appellant as alleged by the respondent can be

succinctly stated as under:

The respondent was locked by the appellant three times

in August,1995

On the respondent extending a reciprocal invitation for

dinner to Appaswamy on 3.9.95 in Chennai, the

appellant created a scene and locked the house and the

guests had to return seeing the house locked

On the day of Diwali, which was on 23.10.95, the

respondent was casually asked by Mr. & Mrs. Taneja (in

laws of the brother of the respondent) to do an eye

check up on which the appellant raised hue and cry

causing embarrassment to the respondent

That the appellant after the delivery of the child stayed

at her parents place and due to her callous attitude

MAT APP No. 19/2004 Page 17 of 32

towards the new born, the child got dengue on

17/19.10.96

That the appellant refused to come back to the

matrimonial home and put a condition that only when

the house at Greater Kailash Enclave would be

transferred in the name of the appellant would she

return to the matrimonial house

That the appellant left the matrimonial house on

28.10.96, one day before karva chauth which is an

auspicious festival of the Hindus where the wife

observes a fast for the husband

That the appellant had refused to have s*xual

intercourse with the respondent after 8.10.1996

That the appellant filed a criminal compliant in the

Crime Against Women Cell, Nankpura against the

respondent in July, 1997

That the appellant used filthy and abusive language for

the respondent and his family members in the telephonic

MAT APP No. 19/2004 Page 18 of 32

tape recorded conversation on 23.12.1996 which is

proved on record as Ex PW1/59 and PW1/60

16. The above acts of cruelty were duly proved by the

respondent in his evidence and by producing 4 other

witnesses. It is an admitted case between the parties that the

appellant did not enter the witness box to present her side of

the story. The learned trial court has also categorically

observed that the respondent was not cross examined on any

of the above mentioned acts of cruelty by the appellant. It is a

settled legal position that where the evidence of the witness is

allowed to go unchallenged with regard to any point, it may

safely be accepted as true."

I am not saying it to get any browney points, but to clear the mist.

warm regards

  



Attached File : 46 46 kg31012011mata192004.pdf downloaded 172 times

Total likes : 2 times

 
Reply   
 
propra

Vulgarity or not is an interpretation whether someoneused it to mean it.

 

Many words are being used like .....'Sssaaaaala'......................People just use it in every alternate sentence.

 

Cruelty is a simplicitor but overall context needs to be looked into.

 

There are many women geting beaten up everyday by husbands (thousands of them!!) But they don't turn up in court!!!

 

But there are women who go for divorce saying 'I wasn't allowed to watch tV serial of my choice!!!'

 

In India.....Initially............. 'hitting by husbands' wasn't treated as cruelty to quality for divorce but only judicial separation!!!! It was incorporated laterwards...

 

So such judgements do not become 'ratio decidendi'

 

There should be a pattern, element of intensional allegation implied from the literall meaning of the 'slur'.

 

 

 

If wife calls her husband, just once, a 'kutta (male in dog family) or harami or Bhadva' etc ...would it be cruelty?..................I don't think so (If wife is alleging that husband has indulged/undertaken acts like a bhadva then it is allegation)...otherwise it is a occassional loose talk.....divorce is a very big punishment for it.

 

Also If husband calls his wife, just once, a 'b*tch  (female in dog family) or ra***d '...would it be cruelty?

 

Mental cruelty makes greater harm than physical cruelty (citations are there!!) But...................

 

'Derogatory word during altercation!!!' Does anybody quarral with a 'sophisticated words'?    like ... otherwise wife saying to husband in a verbal fight ....'Aaap na!!.....bade WO kisme ke admi ho!!! .............mai nafart karti huu... tumhari shakal se bhi!!'this would be treated as a grave cruelty ....With above standards of measure...then !!!

 

Then How a woman (or a man also) is supposed to vent out out provocations??..

 

Outburst is outburst....continued suffocation erruts..Does a big water dam or volcano burst out in modest manner!! other it is not called burst!!!

 

Aren't they entitled to lose their temper!!..........This is an ambush technique by other party!!!..............Keep pinning on the woulds ................and covertly record the outburst which is actually an aftermath of provocation!!

 

Who's more culprit, pakhandi in this case!!


Total likes : 1 times

 
Reply   
 
propra

Prabhakar ji and tajobsindia are absolutely correct.

 

Thanks

 
Reply   
 
For justice and dignity

Very well analysed by jamai jee.

 

fully agree with him,that anyone in anger will use only bad words;he can't use flowery language...otherwise it will seem like abnormality

 
Reply   
 

"Let anybody speak hundreds of things against you, do not resent by giving any bitter reply. If you always tolerate such things, you will certainly be happy":P

 

 

"He who carps and cavils at others, pierces Me in the heart and injures Me, but he that suffers and endures, pleases Me most.":P

 

There are men and women alike who will use verbal abuse to demean a potential mate into a s*xual lure. Initially, they attempt to emotionally degrade their potential victim by demeaning them so that they may be more easily overcome.

 

Verbal abuse is a like snake talking with it’s venom, it’s not just mean, it’s evil. Abusive language, speech, and words, voice malevolence by virtue of being malicious, spiteful, and nasty. People whose speech is harmful in nature or influence lack love. They malign, speak unfavorably about and to others, and they are likely to gossip. The malicious tongues of gossipers verbally abuse others by spreading their poisons.

 

There are those who cry out about verbal abuse in their own relationships whom are hypocritical. Some use this in denial, as a means to ignore their own foul mouths. Before you consider talking about how someone else verbally abuses you, you need to do a verbal abuse self awareness check. Sometimes what you see coming from others, mirrors what you yourself have done to them.

 

Unfortunately there are many who suffer from verbal abuse in their relationships. It’s not just husbands who are verbally abusive to their wife’s, but also the wife’s who verbally abuse their husbands. How many wives do you hear of speaking negatively about their husbands?

 

Many women often verbally abuse their husbands with belittling speech as if they were sent by God to humble their husbands.:/ How often do you hear men complaining about their wives?:(

 

Generally people uses abusive words as they don’t have any control over the person, for example wife doesn’t have any control so she speaks like that , sometimes situation involved ,sometimes angry behavior involved ,sometimes health related problems .

 

If a person can’t change the work or situation then either he or she accept it or oppose it by using abusing words and in worst cases he or she may face legal proceedings.

 

After having first checked your own language behavior, you should be able to ascertain if you have contributed to the verbal abuse in your relationship. You may now realize that you have some verbal deficiencies of your own, and that you both may be in need of some language behavior lessons. On the other hand you may have primarily determined that the verbal abuse comes mainly from your spouse. Whatever the case may be, it is time to get an understanding of the source of the verbal abuse.

 
Reply   
 
NA

Thank you Mr. Prabhakar.

 

A news heading sometimes remain misleading without details of the judgement or without capturing salient points of the matter.

 

Thank you ,Mr. Jamail of Law for good and filled with humor interpretation!

 

We all say certain not so desirable words and it is most of the time not because one is naturally abusive but they may be said under provoling circumstances. For example, if some one's husband is going around with another woman and neglects his wife, and wife calls him b*st*rd, it is an appropriate word for in that circumstance, under that provocation.

 

And by the way the Oxford dictionary gives out several meaning of Bastard! It's like how Saala is used in an affectionate way! Check it out , if someone has a doubt...how basatard is used as a slang in an affectionate way...for example as in Lucky b*st*rd

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x