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

Page no : 2

T. Kalaiselvan, Advocate (Advocate)     09 April 2015

The grounds for divorce can be highlighted by the judgement given in the RCR and it certainly will add an essence to your pleadings of cruelty.  She cannot compel you to choose your career as per her desire, that is another form of cruelty which is evident from the RCR and its judgement.  In my opinion you can go ahead with the divorce petition on the grounds of cruelty but should be craftily drafted by an experienced lawyer.

1 Like

maxx (pvt service)     10 April 2015

thank you for your replies, appreciate your advises by mr kalaiselvan, raghvendra and all ohers. 

as per mr raghvendra, i would put together my query in a single post,

1) wife initially sent pvt notice by advocate threatening action for alleged dowry harrasment

2) then she files RCR

3) i filed for divorce on grounds of cruelty,

4) she then files 125

5) then after a year of her RCR, she files DV with grave allegations

she and her family used to crib everytime regarding my nigh shifts, but i could not change my job as per their wishes, as it is a pvt job. she left my home alleging that the husband has deserted her.

she used to open the doors late, while i used to knock on the doors after coming from late night shifts.

in her RcR argument, her counsel argued that the respondent husband is intentionally harrassing her by purposely taking night shifts and deliberately keeping her alone, he can easily take a day shift job if he wants to. this way, the wife was forced to live alone, and therefore left her home and came back to her mothers home

the RCR judge dismissed her petition stating that her RCR petition doesnt show that she has forgiven her alleged harrassment allegation againsnt the husband, and also she has levelled so many allegations that it is impossible for two to stay together. so the case is dismissed

also, since the husband is woking in night shift, and her demand for day shift is totally opposite, due to this reason too, the husband and wife cannot stay together, and such a demand by the wife doesnt show any positive approach towards building harmonious relationship with the husband.. so her petition is dismissed. 

Adv. Chandrasekhar (Advocate)     10 April 2015

Again you are missing the point. Is it necessary for the company to keep you only in night shift always? No option is there for u to work in day shift at any period? Do u not intentionally avoiding to take day shift? If answer is yes, then it is cruelty on the part of ur wife.

maxx (pvt service)     10 April 2015

@adv chandrashekhar........yes it is necessary for me to work at night...i work in a BPO, and also, is there any such law that is mandatory for a person to work according to the whims and fancies of a wife who is idling at home and trying to dictate work timing to a husband who is working in a private firm...can the court order me to work according to the whims and fancies of my wife?

isnt it the duty of the wife to adjust to the husbands situation which is unavoidable....

and as per your reply.....then is it also a cruelty when thousands of army men work at night on the border posts of the country. or by the railwaymen who work in the railways in the middle of the night, or by people who work abroad for 2 years at a stretch with their wives at their homes......are they committing some sort of cruelty on their wives by working at odd hours?

kumarkumar (business)     10 April 2015

Divorce is something which you can decide when to enter, but you cannot decide when you can leave.

sridher (system analyst)     23 April 2015

Brother one thing i can say that is i have a read citation some where that wife has not gave water,tea, any respect to  the husband collegues due to that husband approached the court for divorse. the court granted the divorse

Venki (Fin)     27 April 2015

Law is one sided....


If wife says it is torture, it is so.... else not.  Cant help the stupidity.

richardjohnson   28 April 2015

This is not good ground for the cruelty divorce. You have to realize her by involving some of your old relatives that you are trying to get day shift job and as soon as you will get the job you will leave the night job.

richardjohnson   28 April 2015

I think, this is baseless ground for cruelty divorce. You have to do a good reasonable reason for the divorce.

sandeep (pvt service)     28 April 2015

why the hell should he dance to the tunes of the wife. he is earning in whatever capacity he deems fit to earn and he is fulfilling her needs with the money he earns, at what time he earns, is immaterial to the wife

is he some sort of slave to dance to her tunes. if that is so. i think all husbands who work on national borders, truck drivers who drive at night, people who stay away for months are committing cruelty!!!

the wife should be adjusting to the husbands nature of job...this shows how rigid and stubborn the woman is............i think this is a fit case for divorce if pleaded correctly

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