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divorce under cruelty


How easy is it for a woman to get a divorce under 13(ia) of HMA? If a male is not  very emotional does it amount to mental cruelty? Does discussion of day-to-day problems, sharing of concerns regarding growth in professional life amount to mental cruelty? If a woman keeps provoking her husband and then if the husband raises his voice/argues does it amount to mental cruelty?

What are the grounds on which a person can be granted divorce under 13(ia) of HMA? How is mental cruelty proved in court?

 
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With cruelty as an issue, how is a Hindu marriage a sacrament? Women from the west are more honest the Hindu women.

 
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propra

@help_divorce

 

This an example of emotional outburst by the wife against husband.

 

Cruelty towards wife shud be intensional and grave misconduct and if it is making harm to wife then it is cruelty.

 

Every couple has day-to-day issues. Husband shud always be considerate towards wife.

 
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propra

Your question: How easy it is to prove cruelty?

 

It depends on facts, circumstance and evidence.

 

But in general, wife trying to prove 'cruelty by husband towards his spouse' is relatively easier than husband doing the same. But again it depends. Legal procedures is the only main area that exausts litigants but can not be made avoidable in every case.

 

Are there any 'fast track' matrimonial courts for HMA only cases other than section13B in HMA?

 

How to bring procedures on fast track? is a million dollar question that everyone, who is associated with it, wonders about.......but there can not be any answer to it.   

 

 

  

 
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You level the same allegations of cruelty against the wife as alleged by her against you but never involve adultery against her.

 
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Advocate

Common altercations in day--to-day life does not amount to cruelty. Both the spouses have to get used to the routine wear and tear of married life and they cannot raise issue on small matters and petty quarrels. On such grounds no divorce would be granted. Cruelty means mental or physical of such nature that it harms, insults the spouse or disturbs his/her emotional being to an unbearable extent. In short, when the things in a married life goes to such a bad stage that living together becomes impossible. All these facts have to be proved on evidence in the court to get a quick divorce. A recent verdict of the SC says that on flimsy ground without mention of any serious damage, divorce cannot be granted.


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I have been managing all household expenses to run my family which constitutes my parents(senior citizens dependent on me), wife & a kid(16 months). My wife(a housewife, she used to work prior to the child being born) used to frequently visit her parents house (and stay for 3-4 days) on the pretext that she was unable to single handedly look after the kid. She had been doing this for several months. She didnt want my parents to look after the kid and didnt like appointing a maid servant to help her in looking after the kid. As she was adamant, we had no choice but to allow her to visit her parents place frequently. When she used to go to her parents place she used to buy some food items - like Cerelac, Farex using her money. However when she was at the marital home, I used to spend for all expenses(like purchase of Cerelac, baby soap etc) incurred towards the upbringing of the child.  Off late I used to also give her monthly allowances so that her expenses are immediatlely met. Is it required for a husband to pay his wife monthly (something similar to giving pocket money) and does it amount to cruelty if husband doesnt pay his wife? Can this be a reason for applying divorce on the grounds of cruelty? Also if a wife continously stays away from her marital home on some pretext, doesn't it amount to cruelty on the husband?
 

 
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Can somebody reply to my above question?

 
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Practicing Advocate

The things mentioned by you are ordinary domestic quarrals and not that serious ones so that the court will consider it as cruelty. Such petty quarrals in marital life does not amount to mental cruelty in order to constitute a ground for divorce.  


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My wife didnt take care of me when I was sick (I was under bed-rest at home & immobile). I was alone with my mother (senior citizen 70+ years) who is a heart patient. During this period she was at her parents house(with my child) and I was requesting her to return to marital home so that she could take care of me. However she used to give some or the other excuse and never used to come. After observing her attitude, I got aggitated and told her over the phone to stay at her parents place only as she was not even helping me in times of need. She got angry,  took away all her belongings from the marital home and has been staying there for nearly  4-5 months.  I & my family members have tried in vain to call her back, but she has been adamant and decided never to return. She has now applied for divorce under HMA 13 (ia). Is this a ground for divorce under cruelty?

 
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