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Anonymous1 (fjslfj;)     21 September 2010

Does this amount to cruelty?

Husband and wife are living separately for 5months. All efforts to reconcile are not yielding any success.

 

Wife's uncle (with his influence and position) gives an oral complaint to police that the husband has an illegal relationship, just to threten the husband. The police comes to husband's place and takes the husband's father to police station for enquiry (as the boy was not at home when the police came) and asks the boy to come to the police station once he is back. Later the huband's relatives relieves the father of the husband from the clutches of police stating that since there is no writtern complaint. Even though relieved, the image of the husband and father are already tharnished because of this false allegation and they have already undergone the mental torture for half a day.

 

Does this amount to cruelty and would it be ground for divorce???  Note: Its still not known if the uncle had given the oral complaint with or without the knowledge of the wife.



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 6 Replies

Jamai Of Law (propra)     21 September 2010

Wife's uncle (with his influence and position) gives an oral complaint to police.............................

 

The police comes to husband's place and takes the husband's father to police station for enquiry.......................

 

there is no writtern complaint.................................

 

undergone the mental torture for half a day due to enquiry...........................................

 

Nowhere wife comes in the picture. NO CRUELTY

aflatoon dash (health)     21 September 2010

annonymous,

dont allow anyone else to make you feel inferior.People in position of influence and authrity several time abuse there position to subjugate and threaten others.Dont give them power to control your thoughts and actions.What has happened is definietly Cruel but I do agree with jamai of law that there is no evidence.Have patience.They will provide you plenty.Rember you can control the health of relationship from your side only and not from your wife side.Honestly attempt to reconcile with the wife and record those attempts of reconcilliations sincerely like writting letters, sending cards sending money making telecalls,sending gifts.Be ready to receive her when she lets you know that she is willing to come back.Dont bother about response to your honest attempts.You will see apicture will emerge from your positive actions that who is cruel and who is not cruel.Dont talk of divorce ever .Talk of reconcilliation only.

2 Like

Jamai Of Law (propra)     21 September 2010

aflatoon dash is absolutely correct.

Self service (None)     21 September 2010

1. Find out what caused police to enquire. Complaint can not be written a verbal complaint or information is also admissible in most of  cases(as per law). Police can write any thing to harrass. You have right to find out why you or your father asked to come police station. You can use RTI act or complain same to Sr police officers asking for reason.

2. If it comes out wife or any of her relative did this kind of complain ( without argument any one can complain on behalf of woman). Then it is "false" complaint and harrassment. Inform wife formaly about incidence and ask her to inform police station denying all false aleegations. if she don't do this then it is considerd as per her wish and you can use as ground for cruelity. Filing false complaint is cruelity you can find various judegement by courts. Also arrest is not necessary you can collect witness/evidences of charges/PS visit.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     14 December 2010

 

 

There should be equilibrium in law and justice and its should not be gender biased.

 

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES.

 

It is a jungle raj and  way to become rich on others money.

 

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

 

 

Certain suggestions to preserve families and to save them:

 

          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 

          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

 

          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 

          Compulsory mediation for avoiding long legal battle.

 

          Law should be such that both husband and wife try to reconcile .

 

          Law should not be favoring anyone to ensure that marriages are saved.

 

        

      Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

 

 

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

 

 

Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh.  When two persons can marry without any waiting period then there should be no waiting period for separation.

 

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

 

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

 

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

 

Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court.  

 

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.

 

FILE PETITION BEFORE COMMITTEE OF RAJYA SABHA FOR AMENDMEND OF SECTION 498a BEFORE 30.12.2010 

 

 

 

 

 

 

 

 

 

 


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