Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jamai Of Law (propra)     04 October 2010

Is insubordination & suspesion in job a mental cruelty?

Wife has alienated herself (and her kids also) from her husband.

 

Husband was suspended from the job due to alleged subordination and the he took a private job. There too he repeated the story.

 

Wife is also a working woman and wants to divorce this husband. Wants to approach court with above fact as mental cruelty due to public humiliation caused owing to such disgraceful 'state' the husband is in although thenquiry against husband are still going on...nothing is proved as yet

 

Charges against husband were..........subordination,  neglect of duties, incompetancy to function, misuse of authority, misappropriation etc in the auditing etc

 

Husband is saying he has been 'set-up' by his colleagues etc, and fighting the cases for many years now. Husband is jobless as the past haunts him and gives up the jobs.

 

Husband monetarily not very well-off, but living on savings & income from farming which is barely enough but not sufficient in view of inflation etc. That's why wife can't take this financial stress & humiliation owing to public disreputation that the husband received. And wants to break the marriage.

 

Should she go to court with above as 'mental cruelty'? Is he not capable as a husband? For her kids better future, she wants to move out of marriage.

 

Any similar citation on mental cruelty.

 

It is clear that this guy is really a useless baffoon.



Learning

 5 Replies

Jamai Of Law (propra)     04 October 2010

please read 'insubordination' whereever 'subordination' is typed

Jamai Of Law (propra)     04 October 2010

This guy was also arrected once in the regards to the same cases in the part, but got out on bail.

Isn't that sufficient to prove humiliation that the wife (and her kids in schools/college) went through without any of her fault, and for which the husband was wholely and utterly shamelessly responsible?

Jamai Of Law (propra)     05 October 2010

@ Prabhakar,

 

Thanks for exposing the weaknesses in the arguments of the female's side.

 

 

Aren't the yet un-proved allegations, in other pending litigations, sufficient as  'preponderance of probabilities' in mental cruelty?

 

 

doesn't she deserve justice?

 

 

She and her kids are facing humiliation and ridicule on 'a daily basis' from every corner of the society. It makes their life difficult.

 

 

This husband is deliberately not seeking any new type of work also and remaining jobless. I strongly say that this is like an 'act of ommission' intensionally. He may not be depndent on his empl wife (He is talking as if he is doing a 'meherbani' on his wife!!) but he is not taking burden of family also. Hence this is intensional mental cruelty towards kids and wife Sir. Do you agree with me Sir.

 

 

Cruelty need not be intensional.  Isn't that right Sir.  Especially if husband is told by wife, that he should work somewhere and not sit at home and not to trouble school/college going kids, even after that if he is not able to cooperate then he should be out at any cost........

 

 

He may have  many reasons (apperently, but exagerated)  but it is making the case of the wife a bit weak.....

1. dangling and unresolved allegations in pending litigations in his ex-jobs, and hence no new opportunitites (It is a crap..It is not proved...hence he has a say..but how to prove he isn't trying hard?..This is a drama by him although difficult to prove.  In accounting field can't he find a simple work opportunity? We wish to make him and his councel 'nanga' in front of the hon court on such bullsh*t.)

 

2. past is haunting him, arrests made him lose his confidence, public mockery and humiliation (Wife and kids can't made to suffer for all this. Why shud they??)

 

4. he is extremely extremely lazy and coward, irresponsible towards family (self evident from the his ws)

 

 

Will this approach prove favourable and wud the court buy this argument in this fashion in wife's favour?

 

 

Wife doesn't want to lose this case. Sir!! and at this juncture there is no way to amend any other allegations.

 

 

Wife just wants a chhutkara from this guy.

 

 

All suggestions welcome on how to forcefully project the facts in favour of the wife.

 

 


(Guest)

Its not mental cruelty. On the contrary it proves that wife has scant respect for the institution of marriage.. Obviously she didn't marry the man but married his job. She can file a divorce case against his job if that provision is incorporated sooner or later in HMA or whatever Matrimonial law is applicable to the two.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register