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maxx (pvt service)     04 April 2015

Is it cruelty if wife asks husband to take job as per her ch

i have filed for divorce on grounds of cruelty, i am an engineer, working on machines in night shift, my wife is saying, dont do night jobs, she is fighting me on this, has made my life hell, threatening me with cases. if i dont change my job to day shift. i have filed divorce on this ground too...kindly advise if wife puts such stupid conditions such as pressurising me for day shift job, and i cannot find another job, can i get divorce on this ground..thanks



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 24 Replies

saravanan s (legal advisor)     04 April 2015

i dont think this is a strong ground for divorce on cruelty.better try to solve the issues amicably  by asking the elders from both the family to mediate

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     05 April 2015

Minute differences and divorce comes into picture. Marriages have become playing dolls .Try to  settle the matter instead after running courts.

1 Like

reunion2   05 April 2015

Try to make her understand you job responsibilities and type of skill you have. If she is mentally fit definetly she will understand.

1 Like

maxx (pvt service)     05 April 2015

hi all. thank you for your reply, i know it sounds kiddish and foolish for such grounds for divorce, but what the wife did was, she left my house and went to her native place kerela, and from there she filed RCR case me, after which i filed for divorce.

her RCR got dismissed,, they argued that that wife wants the husband to seek a day shift job, the judgement says that the wife wants the husband to change to a day shift job but due to his private job the husband cannot choose between shifts. due to constant night shift of the husband and the demand for the day shift by the wife, in such a situation, it is not possible for the couple to stay together, it therefore appears that the demand for conjugal relationship by the petitioner wife does not appear to be genuine and realistic.

after such a judgement in her RCR case, will my divorce case be stronger.

request all to advisse

thanks

sandykrish (Interested in Family LAW)     05 April 2015

Yes, Maxx you are on the right track, during trial and evidence stage use this order and will be a nice feel good facto for obtaining divorce.
1 Like

Born Fighter (xxx)     06 April 2015

Ask your wife to take up a job so that you can  not only stay at home during the day but for 24hrs at her disposal. OR ask her to change her lifestyle and sleeping habits based on your job. May be, you have suggested both the above but then she would have blamed you for cruelty !!!

 Its becoming extremely difficult to understand whats happening to the way marriages are taken by the women. 

 

It seems the husband is enjoying by working in the night shift, this only shows the cruel side of the wife who does not want to adjust at all. The court has rightly declined her RCR and this will help you Maxx to fight your case. All the Best !!

rameshkumar (test)     06 April 2015

Neither we follow Indian culture nor Western culture.We are in a transition stage past 30 years, which make marriages as playing dolls.This sutiation should be sensed by our law makers and revise the law acc. to the current mind set, culture, habits, changes, etc.., of the people.

 

More over the term 'Cruelty' has not been defined by law.Its in the hands of honest judges to properly sense and understand the cruelty in any case.Here what ever compelled  by wife is not a 'cruelty' to  Mr.saravanan.s or may be he is guiding you to solve the problem amicably.

 

If you ask your wife to go to job, she will mark your words as cruelty.So never trust a girl who goes to court and PS to threaten a husband.You have got an evidance of RCR declined.This is highly enough and  proceed with a divorce case.She will definetly do mistakes in court by filing DV or 498a which are all in your favour if you prove those as false.Try getting a good lawyer who can spend time with you, let her play in court, watch her play and turn her mistakes as your favour, win the case,

AdvocateRP (Lawyer)     06 April 2015

Dear Maxx

This is not ground for cruelty against husband.This ground is baseless.

Upendra (Lecturer)     07 April 2015

i agree with all above, her asking you to shift to a day job is not cruelty, and is not a valid ground, however her constantly threatning to abandoning you over your inablity to secure a day job despite your sincere efforts to find one in compliance with your wife's request to such an extent that you are mentally stressed and you are put in a situation that you can neither live peacefully at home nor you are able to work properly at your office can be a valid ground for cruelty.

but i still feel courts might be sympathetic towards the wife and will not grant a divorce despite your efforts to prove cruelty,

better still she had to state that she was residing sepratly from you in her parents house to file a RCR, if she has stated in RCR that she left matrimonial home (your house) on her own due to your night shifts, then

since her RCR has failed, wait for 2 yrs from the from the date mentioned by her in RCR that she left your home to her parents home and file for divorce on the grounds of desertion. you still have to prove that you have taken considerable efforts to reconsile and she has refused to come without any valid reasons,(you working in night shifts is not a valid reason for her to leave you)

even better since RCR has failed you have a upper hand if she refuces you can apply for divorce, and she wont be eligable to apply for even maintanence, at this stage she cannot file 498 or DV as her RCR will be a proof aginst it,

talk to her parents and other elders and explain your sincere efforts to find a day job, and the circumstances in which you are not capable of finding it , if required explain her legal situation and try to persuade her

whatever you decide remember sometimes " a known devil is better than unknown angle"

fighting back (exec)     07 April 2015

what nonsense kind of wife might this be....great that her RCR got dismissed. this shows how sick mentalilty such women have........

maxx (pvt service)     07 April 2015

thanks for your reply guys...after filing RCR, exactly a year after, she filed for DV, demanding huge compensation and harrassment allegations.......

so my query is not foolish and not the one where elders can sit and talk. the woman is very cunning and shrewd

Adv. Chandrasekhar (Advocate)     07 April 2015

Cruelty has not been defined in HMA.  It changes from time to time from place to place from individual to another individual.  A particular act cannot be said "cruelty" or "nocruelty", which can be applicable to the whole universe.  In a highly decent family, a single stare implying allegation itself, can be treated by court as cruelty.  In some other family's case, expletives 24*7 from one spouse to another spouse will not be accepted as cruelty keeping in view of such family's life style.  Working in a night shift, keeping all the circumstances, life styles etc. may become "cruel" or "may not not become cruel".  To prove it cruel, some additional informationn is required.  Mere working in private firm, company,factory, ipso facto does not force an employee to work night shift throughout the career.  Factor rules insist prohibition of complete night shift forever.  Even then you insist that you have been forced to work night shift, you should prove it by showing the employees in your concern have been regularly working in night shifts and have no opportunity to work day shift, then you prove your point.  At the sametime, you have to prove that she is doing dayjob and has no opportunity to work in night shifts, then if these two conditions fulfill, there is no scope for cohabitation and hence, it amounts to cruellty.  If the court gets an impression that you are opting for night shift to avoid your wife's company, then you will have no case.

1 Like

fighter (Software professional)     07 April 2015

MAx.apply for divorce in same court from where you got the RCR decree.i think you may win.

1 Like

raghavendra (Advocate)     09 April 2015

After seeing the above queries and the answers to the same my only sincere request to the queriest is that please mention all the facts at once and it will become easy for the experts to answer to your query. The way you have put your queries in peace meal really did not help any of the experts to answer your query comepletely & satisfactorily. What you are going to loose if you bring all the facts in one we dont understand.

 

Raghavendra

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