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Devendra Prajapati   09 June 2020

Ground for divorce

Wife was spending her time in her job and was not giving sufficient
time to the matrimonial home.
Can be a ground for cruelty?


 5 Replies

Manogya Chava   09 June 2020

Merely focusing on her career, cannot be considered to be cruelty as there is no mental or physical harm that she is causing to the spouse. However, if this has been discussed and there has been a brekadown of the marriage due to such a situation, then one can seek divorce. This effect on the marriage has to be shown and mere time cannot be the only ground. You may refer to the followingn link providing vast information on the topic for all religions - https://www.lawyersclubindia.com/articles/cruelty-a-flourishing-ground-for-divorce-8383.asp

As the husband seeks the divorce you may refer to this link - https://www.lawyersclubindia.com/articles/cruelty-against-husband-5694.asp

Mutual consent divorce is the best case scenario in case of irretrievable breakdown of marriage, more can be understood from this link - https://www.lawyersclubindia.com/articles/Divorce-by-Mutual-Consent-The-Way-Ahead-8523.asp

Please remember, normal fights that are a part of any relationship cannot be considered to be a ground for divroce. The Court will also look into the same in case of a petition, so one must keep this in mind. 

Hope this helps. 

Tirtharaj Basu Ray   09 June 2020

Cruelty need not be physical. If from the conduct of the spouse it is established or an inference can be legitimately drawn that the treatment of the spouse is such that it causes apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty. But simply not giving time to the matrimonial home doesnot amount to cruelty.

Dr J C Vashista (Lawyer)     10 June 2020

Originally posted by : Devendra Prajapati
Wife was spending her time in her job and was not giving sufficient time to the matrimonial home.Can be a ground for cruelty?

No, it is not.

Jarwani Bhavika   10 June 2020

it is not considered as cruelty ....instead of taking legal action...go and talk to her and settle down the matter...

Dr J C Vashista (Lawyer)     11 June 2020

Did you ever tried to find out the reasons for investing more time with her job in comparision to domestic chords ? She is very sincere and dedicated to her work at job as well as home, whereas , home work might have gone unnoticed or not appreciated. 

If not, discuss and sort out problem, if any. 


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