Upgrad LLM

how is cruelity proved in court


i am a victim of cruelity in my marriage. i was shouted at, slapped, ignored,  and ridiculed . but i did not go to the police station because my mother told me to save my marriage. 

my husband is a well known surgeon. i did not want him to be in the lockup or his practise to suffer.

but now after 5 long years of separation, i wonder if i can prove cruelity in marriage. 

shikha

 
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Yes. You can without putting your husband behind the jail.  You have to invoke domestic violence Act provisions to get justice.  It has got no limitation and you can use those provisions after 5 years also. 

If you want divorce on the ground of cruelty, you have to prove not only cruel acts but also you have to show that you have not condoned them.

 
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Senior Partner

@ Prabhakar


Quoting your bald advise "You have to invoke domestic violence Act provisions to get justice.  It has got no limitation and you can use those provisions after 5 years also. " without asking firstthe author her STATE I differ to yoru generic (underlined) advise and say following


1. The author specifically says she is seperated form last 5 years !

Hence if she is from any of the following STATES then in her case

DV can't be applied retrospectively at all :-
---------------------------
1. Rajhasthan HC
2. AP HC
3. MP HC
4. Mumbai HC
5. Utaranchal HC
6.
Goa; Judicature of Mumbai HC at
7. P & H


2. However if she is from below two STATES then for time being the Complaint may be admitted but then YOU READ para 3 justification as in below;

DV is currently retrospective only in following two STATES
---------------------------
Chennai HC
Delhi HC
 

Though the Delhi HC (Re.: Justice Jain Judgment) talks about a SC judgment where it seems it is held that DV is retrospective but Lordship Jain has not given any reference to it in his lengthy Judgment.. 
 

3. Refer to SLP (Crl) No. 6127 - 6128 of 2010 Order dated 25 - 08 - 2010 the Hon'ble SC is examining the retrospective / prospective aspect of DV The ACT and two other SLP's (Crl.) 3988 and 3816 are already tagged with this SLP (Crl) and all these three SLP's are challenging not only Lordship Jain Judgment but requesting Hon'ble SC to examine the DV Act itself in the light of earlier given Point of Law rebuttals. However you being a Lawyer must also be aware that among other inter alia grounds / references such as say as per SLP (C) No. .25219 of 2004 delivered by the Honorable Supreme Court of India itself it was held that Penal Statutes (Acts) which create new offences are always Perspective !.


Hence I differ to your hurried advise since you knowing well that currently DV Act is under examination before Hon'ble SC and moreover when Author specifically says in her brief that she is not in any Domestic Relationship much before even the Act was in liquid form before Legislative Wing of Parliament then giving her a advise to apply DV Act itself is short cut professional practice of a Lawyer. Best practice says to ask the Author from which STATE she is sending this mail to the Forum !

 
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health

cruelity on an individual is such an act which inflicts upon a person such a pain that it is not possible for other person to live with him or her.It can be overt like physical assault covert such as depriving some one conjugal rights,depriving some one sleep,depriving some one love affection or care.

verbal assault like ridiculing,name calling,public or repated private shouting and humilation is aslo cruelity.Ridiculing,nagging,comaining repeatedly ,needless and unhealthy comparison of status of spouse with inlaws or with the any same sided relativeis aslo cuelity.

Emotional-blackmailing some one,blocking children,refusing letters and phone calls is also from of cruelity.Attempting and threatening suicide is also emotional cruelity to the spouse.

Financial crulity-excess spending beyond means,not giving money to spouse luring some one with the  costly financial offers to manipulate him is also cruelty.

Sexual cruelity deprivation of cohabitation,sleeping in different rooms,forcing s*x on some one forcing acts whcih are not mutually enjoyable and without consent is s*xual crulty.

Neglect of food,care and time is also cruelty.

One has to narrate acts of specific nature with particular date and time for Judge to arrive at a decesion You place evidence judege decides the proof.

regards

aflatoon


Total likes : 2 times

 
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Advocate

Well done! All cruelties covered very well. Yes, cruelty may be either physical or mental. Verbal abuse or neglect also amounts to cruelty.  think the court may also take the level of education of the spouse in arriving at mistreatment. Highly educated spouse should be addressed properly otherwise amounts to insult and thereby cruelty.


Total likes : 1 times

 
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Senior Management

adressed as hey mahodaya/ hon'ble wife ji, huzoor which is best for a highly educated lady that does not constitue verbal abuse to her , any citations in this regard. any court defined what shud be appropriate way to adress?


Total likes : 1 times

 
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health

Dabbang lady,

  1. Educational status of spouse is the law point.It does matter.One woudnt expect from villager wife addressing and endulging in vebal abuse with her spouse in same manner as you would see a convent educated spouse vebally abuse his/her spouse.SHOUTING ,SHREIKING ,NAME CALLING,RIDICULING,MAKING NEEDLESS AND UNHEALTHY COMPARISON with more affluent neighbours and blood relatives,inducing guilt shaming .
  2. uneducated and less educated spouse may be more ballant and overt in her verbal abuse like name calling(sala,kutta),shout(increase the volume and tone of voice) where as better educated spouse may be more covert repeatedly compare husband /wife status with the neighbours or his and own relatives repeatedly inducing shame a guilt and low self worth in the innocent spouse.With intellectual sophestication and education more sophesticated means of abuse are associated and tahts why I feel the educational background of spouse is important.I hope  its clear.

                   AFLATOON

 
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Owner

For every female volunteer with complete respect I would like to submit the following:

1. I do not mean to use nay indecent words or language but I understand why some other volunteers turned as pro-men. The simple reason is because of attrocities were done unto them or being a witness to it. To all female volunteers and pro-female volunteers, all these volunteers are using this kind of language because of the wrong advice given by volunteers or members like  Mr. Prabhakar (like filing 498a or filing of DV cases etc.) to go ahead and break more families using such cruel laws.

2. In a divorce process, mostly wives use most of the legal powers illegally (and it is also proven that most of the cases under 498a, DV act etc are false) and husbands have nothing as legal remedy. Therefore telling someone to go ahead with  a DV case or 498a is like adding one more victim to the list.

3. Everyone may his/her thought but I seen some pro-women candidates being very pushy and rude. I understand completely that using abusive language is not a solution but see how the problem starts. So, for every action there you see a reaction to it.

I am a pro-men activitist but that does not mean I am against all female members. Pl. understand the issue before going further with your opinion about DV act or 498a process as here you are talking about some serious charges. I would suggest to refrain from using abusive language to all members and be respectful to members that attract it.


Total likes : 1 times

 
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propra

Hey guys and glas......Let's not divert from the topic posted by the selfstudyinglawstudent

Hey..selfstudyinglawstudent (Shikha ji)

I have sympathy for you.....But you are yourself a law student....You should have known by yoursself now the answer to your question....from the perspectives of the legal naunces.

When a doctor asks advice from a doctor about his personal illness the answers given/discussion/level of disscussion  happen at a bit different plane........


5 years of separation........Doesn't that suggest that you never felt the cruelty as grave as a fit case to approach/pursue/finish the judicial matter in time........

the suggestions starting with words..........You can......are dangerous.

You can (...but you may or may not...) lock him up any time ...........and also compel HIM to seek divorce and create him grounds also ........'false case of DV/498a' ......

the end result is the same......... divorce........ whether he gets it or you get it................... Is there any difference? ...............whether a shark eats a seal or a seal dives into the mouth of the shark is the same finally.....

 


Total likes : 1 times

 
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Senior Management

no one is against women here , we only oppose misuse of process of law. in cases where dowry murder is proved beyond doubt there should be severest possible punishment.

 
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