atul 10 May 2015

Law of torts

Dear Experts,

My wife deserted me more than a year ago with a demand that I must live away from my parents. Her parents are instrumental in pursuing this demand from the backstage.

I filed RCR u/s 9 HMA and she replied with a maintenance application u/s 24 HMA.

I have no 498a or DV filed in any Court in India for there are no differences between me and my wife, however, her parents are pressing their demand through her and wife is cooperating them.

My question is: What law can I sue her under matrimonial cruelty and recover compensation for the overall loss that I suffered?

Please refer to the following page:

https://www.lawyersclubindia.com/forum/u-s-498-A-R-W-34-and-Sec-3-amp-4-of-DP-Act-23609.asp#.VU6rGo6qqkp

,and the phrases 'Damage recovery case u/s 9 of CPC (law of torts)', 'claim damages for loss of consortium'.

Can anyone suggest me HC/SC judgements that have given favourable verdict to husbands? I have not read any law of torts passed by the Parliament of India. I would like to read the law of tort valid in India and the u/s 9 CPC mentioned on the page above confuses me.

Experts please advise.

Thank you.
Atul

Reply Follow

3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 10 May 2015

Atul,

U R first para is a common feature in many households.Actually that is a very delicate subject which has to be dealt in a very responsible and tacktful manner .There we try to invite ego's from both the side which actually break the marital life of the hhusband and wife.Initially UR problem must not have been so alarming, which could have been sorted out involving third party mediators, but we fail to do so.

Right from filing of RCR, number of cases keep on adding ruining the lives.Now U have no other option but to withstand the onslaught of 498A DV etc.

Kumar Doab (FIN) 10 May 2015

You may find the article useful at:

https://www.lawyersclubindia.com/articles/Law-of-Torts-in-India-348.asp#.VU93QvB-hkg

SuperHero (Manager) 11 May 2015

@Atul - I am not an expert. But here is my opinion.
Just adjust and compromise. Life is short, there is no point running through courts and it will consume your time, money and energy.
Just take a home or apt near by your Parents home and live separately. At the same time take care of your Parents too..You should be the person to balance the life both your Parents and Wife.
More over you have a duty and responsibility to your Wife and Parents too...
I wish You Good Luck