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Roshni B.. (For justice and dignity)     03 September 2011

Cruelty against husband in india

 

In India where marriage is the union between man and woman to get social status in the society and marriage is nothing but procreation and caring of the child. According to Westmark Marriage has been often like as an institution made by itself. As there is increase in number of marriages every day, at the same time breakdown of marriages in the society has also been seen to be increasing whether by fault of husband or wife. Though cases filed by wife against husband and in-laws under Domestic Violence Act and 498-A of IPC to claim maintenance and divorce but all complaints are not filed bona-fidely. Freedoms of education, job opportunities, economic independence and social attitude have brought tremendous change in the status of women. The balance of scale has tilted reversely in favour of women.


Cruelty is an inhuman treatment and it is an act that causes mental sufferings and endangers to the life and health of the other. Cruelty may be in the form of physical as well as mental by the act either of the husband or the wife. Though it is the women who have always been subjected to be tortured and harassed by the husband and relatives, in fact saying this will not be proper as cases of torture and harassment against the husband by the wife is increasing day by day. Cruelty is the main ground to seek divorce as defined under ‘Sec 13(1) (i-a)’ of ‘The Hindu Marriage Act, 1955’ and party who is filing a case must prove that living between husband and wife became impossible.


There are many provisions made applicable for the protection of the women, which has got recognition from our constitutional law. The biased nature of these laws is evident from that fact that unlike almost all laws in INDIA the burden to prove innocence lies on the accused and this means as soon as the complaint is made by the aggrieved person/ wife, the result is that the husband and his family may be immediately arrested and will be considered as accused in the eyes of law. According to the ‘Section 498-A’ of the ‘IPC’ the wife and her parental family can charge any or all of the husband’s family of physical or mental cruelty but genuineness of the case has to be looked into by the court as this section is cognizable, non-compoundable and non-bailable in nature.


What amounts to cruelty against husband? Though it is the duty of the court to decide the case based on facts and circumstances but what amounts to cruelty is an important aspect as misuse of Laws by the wife against husband in society is growing day by day and most apparently some Indian Urban educated women have turned the tables and are using these laws as weapon to unleash personal vendetta on their husbands and innocent relatives and there are certain grounds on which cruelty against husband can be proved:-



• Misuse of Dowry Laws, Domestic Violence Act and ‘Sec: 498-A’ of IPC by wife against husband and in-laws of husband through lodging false complaints.

Desertion by wife which means wife deliberately intending for separation and to bring cohabitation permanently to an end.

Adultery by the wife means wife having s*xual relationship with some other person during the lifetime of marriage and there must be strict law to punish wife who has committed adultery.

Wife opting out for second marriage without applying for the divorce proceedings.

Threatening to leave husband’s home and threat to commit suicide by the wife.

Cruel behavior of wife where wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mangalsutra in the presence of husband’s relatives.

Abusing and accusing husband by way of insulting in presence of in-laws and in some cases wife abusing husband in front of office staff members.

Wife refusing to have s*x with husband without any sufficient reasons which can be considered as a ground of cruelty and husband can file a divorce petition.

Lowering reputation of the husband by using derogatory words in presence of family members and elders.

Lodging FIR against husband and in-laws which has later proved as false report.

Conduct and misbehavior of the wife against husband i.e. pressuring husband to leave his home, insisting for the separate residence, mentally torture and disrespectful behavior towards husband and in-laws as well.

Some other grounds of cruelty i.e. mental disorder and unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife suffering from the filarial.

• Extra-marital affairs of wife can also be a ground of cruelty against the husband.

Initiating criminal proceedings against husband and in-laws of husband with mala-fide intention by the wife.

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 s*xual 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.

Though the amendments introduced in the penal code are with the laudable object of eradicating the evil of Dowry, such provisions cannot be allowed to be misused by the parents and the relatives of a psychopath wife who may have chosen to end her life for reason which may be many other than cruelty. The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relatives, i.e. fast emerging. A strict law need to be passed by the parliament for saving the institution of marriage and to punish those women who are trying to misguide the court by filing false reports just to make the life of men miserable and ‘justice should not only be done but manifestly and undoubtedly be seen to be done


https://www.legalindia.in/cruelty-against-husband-in-india



Learning

 16 Replies

vinod (others)     03 September 2011

Thanx Ma'am. pls help the betrayed husbands as in this so called male dominated society, anybody hardy understands the plight of a sufferring husband. pls bring out more references to such cases.

sensitiveman (executive)     03 September 2011

Really, its worth to know such things....thanks a lot

sensitiveman (executive)     03 September 2011

Dear Roshniji,

I liked this article a lot and in short giving hope that one day even our law will help the innocent husbands.

Actually, even I am suffering from this issue. I have been married for more than three years now but recently, I had a lot of fights on trivial issues. Just few weeks back, we had an arguement on a small matter where my parents were also present and suddenly, she charged me with false allegations of harassment. When my parents tried to cool her off by telling that to behave in a rational way, she instead shouted at my parents. This in turn added more fuel to my anger and I shouted her. It went to such an extent that when my parents and myself  tried to take hold of our small kid (as he was crying a lot) from her clutches, we also had a little physical fight.

I personally feel that we both are responsible for this fight as we both got hurted and had marks on our bodies. Her parents came to our residence and without even speaking a word with me or my parents directly entered my bedroom, packed her bags and took her along with our kid to her place.

After few days, I came to know that they are spreading rumors that we were physically and emotionally abusing on a daily basis in the community.

I still love my wife and kid and in this regard I also called her for a mutual clarification but she doesnt even bother to respond on my call. I want to bring peace and happiness in my martial relationship and ready to bring some changes in my attitude so that we can lead a healthy family life.

Please advise that how I should achieve my purpose?  

 

 

Amit (General Manager)     03 September 2011

Don't worry about the rumours being spread by your inlaws.

If your wife loves you, she would come back to you on her own. If she doesn't than there is no point in bringing her back. Begging is not going to serve any purpose. You have to be strong. If your wife feels that she is being harrassed by you then no amount persuasion, counselling, effort made by you is going to change her feeling.   

Further interference of your inlaws in your fight is not a good sign. While I would suggest you to hope for the best but at the same time request you to prepare for the worst.  

If you are afraid that your wife/inlaws are going to file 498a, inform your local PS and SP about all the incidences stating clearly that you are afraid that false 498a case would be filed by your wife/inlaws. Search internet there are many sites & blogs explaining survival strategy against 498a. there is nor harm in preaparing yourself -- just in case. 

sensitiveman (executive)     03 September 2011

Hey Amit, thanks a lot for the suggestion and I will take a note of this.


(Guest)

Nice article Roshni..thanks.

Saurabh..V (Law Consultant)     06 September 2011

I would like to add my words to clarify the position of law in India "in general".

 

The basic structure i.e. IPC & CrPC were drafted, framed and brought into existence in 19th century where Britishers were ruling the country. As we all know they were "true dictators" and any Indian was not even allowed to do anything against their orders. They used to treat us like animals and their attitude towards us was like master's attitude towards slaves.

 

In this backdrop they enacted cognizable, non-bailable, non-compoundable cases. As far as my knowledge says, maximum cases where there are chances of mediation, compromise or some intervention, have been made non-bailable & cognizable. This was done so that britishers simply make an FIR against any Indian and then arrest & torture the person in prison.

 

Criminal intimidation S.506(I) was a bailable offence earlier to 1930s. But it was decided by britishers during some turbulent movements in Delhi to make it non-bailable and cognizable. Since then it has been so all the time.

 

Till date our legislature has failed to revisit and amend these laws. The irony goes into the fact that if someone makes a complaint that a person 'A' stopped my way and threatened me of life and insulted me in public place then the sections would land him in jail. These are S.341IPC, S.506(II)IPC and S.499IPC. There is no way the complainant can ever prove his words unless not supported by some sort of evidence. But ironically the case would be instituted and trial will go on, only to find out after 4-5yrs that it was only a false frivulous case. And without any problem, the complainant walks away with a smile on his face with the satisfaction to have made the life of his enemy a living hell by misusing the law.

 

With above discussion it is clear, that it doesnt matter which law is being misused, it is always in a manner britishers used to treat us. We are still running same obsolete laws for the protection of innocents which practically gives no protection whatsoever to an innocent accused.

 

This has been made evident by misuse of dowry laws etc. Even if the complainant fails to prove her case she can walk away with a smile to have taken revenge from her enstranged husband. Is this the intention of legislature? In garb of empowering the complainant or to safeguard the rights of the complainant, the rights of the accused are permanently snatched away!??????? What happend to the doctrine of "Innocent untill proven guilty"? Should it allowed to sleep in deep hell till the society is complete ruined?

 

It is OK to let go 1000 criminals but its a crime send one innocent to jail. This would disturb the faith of the society in the criminal justice system. And that it what the uproar against dowry law says.......

 

 

//peace

/Saurabh..V

Tajobsindia (Senior Partner )     06 September 2011

Originally posted by :Saurabh..V
"
Criminal intimidation S.506(I) was a bailable offence earlier to 1930s. But it was decided by britishers during some turbulent movements in Delhi to make it non-bailable and cognizable. Since then it has been so all the time. 

Till date our legislature has failed to revisit and amend these laws.

Take: S. 506 (1) IPC is bailable and non - cognizable
Re.: https://indiankanoon.org/doc/647700/
"

(Guest)

Why is Saurabh so quiet now?

 

He should have rebuked Roshni for posting a copy-paste article.

 

Even Tajobs is not objecting to her habit of posting news..

Saurabh..V (Law Consultant)     06 September 2011

@Tajobs

 

There is a type error. The section is S.506(II). It was in year 2008 when a Sr. Adv. brought this before Delhi High Court and court ordered the Govt. to revisit the same.

 

@Princess

 

This is not a copy paste NEWS ARTICLE with spiced-up masala and twisted words. The heading also does not say anything what's happening! It only informs about a subject on which no one would understand anything unless he/she goes into detail.

 

What actually is the problem with you? Are you here so that I keep fighting with @Roshni or @Utpala and for that matter with you too?

 

If you cannot stay happy and always want quarrals go to Indo-Pak border and help India fight terrorism. May be you can join terrorist groups itself :p

 

I made my point very clear about my fundamental fight against the rusted system of criminal jurisprudence. My words against feminists are by-products of my quest to do something for the innocent and falsely implicated citizens of India. And if for you it's not a noble cause, you can carry on giving me names or keep insulting my education or even my character.....I DON'T MIND :-)

 

//peace

/Saurabh..V

Tajobsindia (Senior Partner )     06 September 2011

@ Saurabh

Thanks.

Shall I pass the blame to "printers devil"  ha ha

Correction accepted.

Saurabh..V (Law Consultant)     06 September 2011

@Tajobs

 

It's a very good judgment from Delhi High Court by a renowned judge (if you practice in Delhi). I'd upload it tonight and share with learned members of LCI..

 

And it would open up the eyes of my fellow LCI members that how much is YET left untouched other than misused 498a etc. Misuse is rampant in whole of India and yet legislators fail to make a fool proof law. Though I agree that while drafting any law, the legislators have to keep it loose to fit-in the discretionary powers of judges but this is where police takes benefit and then ultimately complainants misuse it too.....

 

//peace

/Saurabh..V

Tajobsindia (Senior Partner )     06 September 2011

Originally posted by :Princess
" Even Tajobs is not objecting to her habit of posting news.. "

Just two apt wordings summarizes your ‘sadistic’ behaviour pattern of late...

1. Legal terrorism
Reasoning:
One posts news item and another checks the reaction "innocently" of readers here and there pops umpteen pow wows spoiling harmonyt of W3 forums.


2. Legal Rape.
Reasoning:
One writes / posts news item in thought of "education" innocently not realizing that the re. have got much better updated Citations from
Apex Court available now -a- days and a legal professional when situation arises can guide accordingly. A victim / aggrieved person comes to legal forums already equipped with some legal knowledge and wants to update his cause of action by asking remedy to h/er legal briefs from legal professionals who knows application of Laws now if such news items fits into "educating such persons who are already educated" or not is a million subsequent "innocent news items postings" question to be self answered by you two ladies here and no point checking once own doubts as being checked by you as being her  "proxy" unless you twos screen names are one and same! Roshni is intelligent and responsible person as made to believe to us and is capable to gauge effects and or reactions thereto to her such news postings qua and would have appreciated if she herself would have asked this que. if any.


You probably have no locus standi to be a proxy of news item author is my answer to such provocations. Suggest to invest time in legal meaningful interaction with fellow lgal knowledgeable members here instead of extending hand to seek “social networking” platform that also in legal forums.  

Saurabh..V (Law Consultant)     06 September 2011

 

The below link is especially for @Roshni .. @Utpala .. @Hema .. @Princess

 

Mere jawaab dhyaan se padhna .............

 

https://www.lawyersclubindia.com/forum/Trial-court-orders-high-maintenance-to-highly-qualified-wife-42488.asp

 

If upon reading my replies in above still all you guys feel I'm what you have named me multiple times, then seriously, this is END OF ROAD for me to think positively about you. Till date I reasonabally feel that you behave like this because you have been hurt on these peculiar issues. But if you still think against me, then you are nothing but home-breakers -- harmony-takers.......

 

//peace

/Saurabh..V


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