Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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help_divorce (SC)     06 October 2010

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?



Learning

 19 Replies


(Guest)

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

Jamai Of Law (propra)     06 October 2010

@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.

Jamai Of Law (propra)     06 October 2010

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.   

 

 

  


(Guest)

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

valentine (Advocate)     10 October 2010

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.

2 Like

help_divorce (SC)     10 October 2010

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?
 

help_divorce (SC)     10 October 2010

Can somebody reply to my above question?

Adv Archana Deshmukh (Practicing Advocate)     10 October 2010

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.  

2 Like

help_divorce (SC)     11 October 2010

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?

Adv Archana Deshmukh (Practicing Advocate)     11 October 2010

The facts mentioned by you does not constitute any cruelty to her. But as she has applied for divorce on the ground of cruelty, it depends upon what she have pleaded and what evidence she place on record to prove the same. She must definately have not stated that she herself left her ailing husband and went to her parents home. However, you mention your side of story in the written statement that you've to file.

1 Like

help_divorce (SC)     11 October 2010

She was staying at her parents place(even when I was sick) and I was asking her to return to the marital home. I have the doctors report as evidence which states that I require 3 weeks bed rest due to fracture.

Since she was not returning, out of emotional distress I told her to continue staying there. She has no where mentioned the fact that I was sick in her petition. She has stated that my call of telling her to continue staying at her parents place is as an act of cruelty. However I told so only because I expected to her to come to marital home to take care of me as I was sick.

aflatoon dash (health)     11 October 2010

your wife is definietly cruel from all the accounts.

  1. Refusal to perform her duty role and obligations is cruel
  2. Refusal to be satisfied under loving and caring capacity of husband is cruel.
  3. Refusal to seek and look after bedridden husband is cruel.
  4. Unhealthy and needless comparison with her more affluent relatives is cruel.
  5. Dont loose heart .keep patience.Gather all evidence of all your positive efforts to reconcile and your illness evidence.
  6. She is a abuser who knows you value the relationship .Read how to tackle difficult spouse you will be helped.

AFLATOON

Jamai Of Law (propra)     11 October 2010

@ help_divorce

 

you both are not 'cruel' to each other.................................but you both want to prove it on the other....to condemn the other spouse in public....................both of your ego has come in between...................and it seems that aremany others who might have intervened into your husband-wife dispute.............................

 

Miscommunication.................misconception...ego......emotional outburst..............finger pointing..............loss of patience......................build up of all these things and discontent.............which just got exploded over trivial reason............

 

This ultimately created so many other and unrelated confusions and a situation of 'no return' virtually.......you both got drifted away from core issues and the dispute is been blown out of proportions....

 

You wife filing the divorce petition has made a dent...but it was supposed to happen......don't blame her......b'cos you cudn't stop the slow heating up process also.....it's better that it happened...

 

BUT Now!!.......it's up to you how do you handle it..................look beyond...make up your mind.............what do you really want....................

 

hasty decision of MCD!................or egoistic contest to prove your innocence and her misconduct............. and she doing it  the same way!!....................You may guess the end result....................

 

Both end up slapping the divorce on the other's face and not 'winning' it (ofcourse winning and losing is an illusion!! only a truly victim manages to move on in life after divorce....a victim means ............who was really innocent and wanted to carry on but but just cudn't do so due to inhuman character of other spouse and hence had to choose divorce as a very last option only as a remedy/relief)

 

Both of you wud not get back to normalcy after divorce.........b'cos it haunts you always b'cos of the unfinished business that was left behind due to youe 'ego'..........................

 

Choice is yours.............. whether you want a divorce.............. or a better solution to your current mess!!

 

 

1 Like

Jamai Of Law (propra)     11 October 2010

Aflatoon dhash is also correct ....if husband wants to contest it...he can dampen/square-off her allegations as suggeseted by 'aflatoon dash'.

 

But both want divorce or not? that's the question.........

 

If any one of them wants to contest.......wife has to prove allegations with evidence...............husband has to disprove those evidence and allegations.............and prove his allegations..................he can dampen/square-off her allegations

 

If both of them are trying to win divorce.........then divorce is certain ...............but who wins it? and who gets slapped with?...........it depends on who is more agressive!! but that too has negative side effects in the aftermath and for ever.

 

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