Raajeev Sampat. (Self employed.) 06 March 2013

Divorce.

My query is that suppose if husband has borrowed money from his wife's father due to a genuine financial crunch.In the emails exchanged it is a request tone to help him and his wife,that is his daughter to help ease their financial position.If the money was then given to the husband,can his wife file for divorce on the grounds that her husband borrowed money from her father and that is according to her a ground for divorce.Will she be granted divorce if she proves that her husband had borrowed from her father to improve his financial condition and also help him start a new business.Will divorce be granted to only on that reason that he borrowed from her dad because he was incapable to run the house as he went through a bad financial patch.My question is that will the wife be given divorce because he borrowed from her father.Kindly give your opinions.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 06 March 2013

No. She cannot go for divorce for simply financial assistance by her father. Moreover she has to appreciate for financial help and give boons to her father.

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Raajeev Sampat. (Self employed.) 06 March 2013

Mr.Ramachari,

Thanks for your valuable advice.In her divorce petition she has submitted only two items as evidence in her chief examination affidavit.One email from father in law to her husband saying that he ie unable to help with more money than given earlier and second email which husband had written to her brother in the u.s.requesting for furthur ten lakhs to start a business.Finally that ten lakhs asked from brother in law was never given and subsequently husband did not ask furthur as his situation improved and there fore did not need the money.These two emails are the grounds she says for mental cruelty for her and wants divorce from him.Please advice.

Regards,

Raajeev Sampat.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 March 2013

No. It is not comes under mental cruelty. Cruelty has not been defined in the Hindu Marriage Act, 1955. However, it is now well settled that the conduct complained of should be so grave and weighty as to come to the conclusion that the husband cannot reasonably be expected to live with the wife. It must be more serious than the* ordinary wear and tear of married life.

Raajeev Sampat. (Self employed.) 07 March 2013

In this case she has filed for divorce on the grounds that money was borrowed by her husband from her father which according to her is very serious, and the husband later on after failed reconcilation attempts file for custody of his two children.He does not want divorce but she has filed these two emails of him requesting her father and her brother for financial help.Like i said she doesnt have any proof other these two emails written to her dad and her brother asking for money.Also in the past 4 years of separation after she packed up and left him,he has been consistently sending money to his children for their upkeep voluntarily and also paying their school fees from out station and he is in one city and his wife and children in hyderabad.Are these two proofs enough to get divorce for her?