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Adv Aneesh Trivedi 9424449500 (Advocate)     30 September 2012

Condonation of cruelty

in the querry 

is RCR would be presumed condonation of Previous cruelities (Family Law)

with solution to query it is given that "If both spouse resumes cohabitation as husband and wife and spends 180 days under same roof then it is assumed to condone earlier cruelties which were earlier inflicted by one spouse onto another."

i request you to give your openion on given below
In the landmark case of Tapan Kumar and Jyotsna AIR 1997 Cal 134, the wife sued the husband on criminal charges and petitioned for maintenance suit against him. However, the parties had been living together for more than a year after a compromise. The court dismissed the husband’s petition for relief alleging cruelty on account of the fact that the offence was committed before the compromise was made, thereby amounting to condoning the act of cruelty.?

queation is:

if wife file 498A and afert that living with the husband for more that one year or say upto 180 days ,so this sufficiet that the charges of mental cruelty on husband by wife are condone ?



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 September 2012

 

Condonation : Means forgiveness and reinstatement of the erring spouse by the spouse who has suffered the matrimonial offence. It is trite law that higher the cruelty - higher the forgivness required for effective condonation. There is no strait jacket formula that 109 or 300 days would be adequate condonation. It all depends on the facts and circumstances of peculiar cases. 


Bharat Chugh

Advocate Supreme Court of India

1 Like

Adv Aneesh Trivedi 9424449500 (Advocate)     30 September 2012

sir thanks but the question simply remains here and not clear the whole in succase what would law says?; that is

condition;--

if wife files false 498A and after some time they start living together under one roof for more than one year:

from husband side

[1] " he want divorce on the basis of crueltly by wife of false 498A and defamation" is this applicable or valid.did he    get?

[2] again can husband say to the court that " wife came back after filing 498A and start living so there was no mental or physical cruelty from his side so there 498A would be discharge or quashed".

from wife side" she says that they lived together so cruelty by her of filing false 498A  is not there now and she can not be punished or face  any counter attack of 498A or

husband can not take divorce on basis of cruelty of false 498A by her "
 


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