Fantastic research done by you on these grounds. Really eye opening.
DNSMatters (C) 24 September 2014
Fantastic research done by you on these grounds. Really eye opening.
Ashok (master) 22 December 2014
Request you to please publish detaild judgement about 9th dec 2014 regarding divorce by justice Sikdri and H L dattu
roshuv (Manager) 09 February 2015
Query about HMA Sec 25
Case:Wife has filed petition for divorce. Claiming she was forced for abortion. Husband Denied any information about abortion and the child. Misc Case was filed by wife all articles were returned in satisfaction at her place (in mediation)
Then she demands alimony and divorce by decree. She fails to prove any corroborative evidence. Question is ;. (Wife MBA previously working, Father CA and owns CA firm). Marriage lasted 9 months. Alimony demanded 15 Lacs. Is adultery proved? Does the Husband has to pay alimony?
Is There ANY JUDGEMENT BY SUPREME COURT for NO ALIMONY ON ADULTERY.
sam (Assistant Professor) 17 March 2015
Sir..
Great information..I have read and got courage..Thank u sir..
passamit301185 21 September 2015
Hi I Got married on of April 2015, after that my wife refuse to have physical relation with her after 3 days & said me that I was not wishing to marry with you, her age is 21.5 & my age is 29 . after that came home for 1 month & came back
In this case what I can do want your consulting I am from Pune
passamit301185 21 September 2015
In this case what I can do want your consulting I am from Pune
Sebastian Varkey 06 October 2015
Dear Sirs,
I am a sufferer from the last 27 years. I am aged 51. I was working in Dubai in Senior positions. I married 27 years back. My wife is a house wife just passed High School having no job at all. I purchased 5 properties in wifes name and title using only my fund. We have Two children. Daughter aged 26 working as BDS Doctor, and Son aged 22 is a 3rd year Physiotherapy student. I was mentlly treated very cruelly by wife from the very first day of marriage. Eventhogh, I took care of wife and children during all these years. I left my Job from Dubai and seettled in Kozhikode in March 2013. On 13 th day of my arrival wife put a complaint in police station against me and a false case was filed in Domestic Violence Act at FCJM. Interim order was favoring me as dismissed the petition, later she withdrawn the case. After one year she left from my home I filed cases for divorce and return of Property to me. After one month cousilling wa s given to wife .from the court. my counsilling was due. After 8 days of her counsilling wife and her relatives kidnapped me with help of Gangsters (Gundas) and admitted me in a private mental hospital and injected me to unconciousness. However my relatives and neighbours rescued me from the hospital on the same day. FIR was registered against this kidnapping, 10 arrested including children and wifes brother, cousin brother, brother in law. Criminal Case filed in FCJM. Kidnap and arrest news was published in all leading Malayalam News Papers, Indian Express, The Hindu and telecasted in TV. Kidnap case is still going on. After the kidnap my wife filed another false Domestic Violence case in FCJM stating that she stayed with me again. In that case also interim order was in my favour dismissed the interim application. The second case and criminal case in kidnap and Divorce, proprty case is still going on. In FC, since the respondent (Wife) was not ready for taking my evidence and they were trying to prolong the cases, Family court kept both Divorce and property case for order without any evidence and cross evidence on me. Later they approached the High Court of Kerala for extension of order in FC cases. But, Hon. High Court denied their application for further extension and ordered for joint trial in FC. Kozhikode.
I was insulted several times and mental cruelty was too high, I did not mention it in my filed petitions. I was decided not to insult her and spoil children's future. I don't have any of these habits at all. But, in her counter affidavits she stated that I am awomaniser, alcoholic, and mental patient. Next moth I will get a chance for filing a joint affidavit petition for both cases. Won't these also considered as mental cruelty from my wife?
Would any expert suggest me best grounds for a fast Divorce and property re registration to my name. Is there any court orders in such similar cases in India.
It will be great if anyone can give me best suggessions.
Regards,
A victim/sufferer.
Sebastian Varkey 06 October 2015
Dear Sirs,
I am a sufferer from the last 27 years. I am aged 51. I was working in Dubai in Senior positions. I married 27 years back. My wife is a house wife just passed High School having no job at all. I purchased 5 properties in wifes name and title using only my fund. We have Two children. Daughter aged 26 working as BDS Doctor, and Son aged 22 is a 3rd year Physiotherapy student. I was mentlly treated very cruelly by wife from the very first day of marriage. Eventhogh, I took care of wife and children during all these years. I left my Job from Dubai and seettled in Kozhikode in March 2013. On 13 th day of my arrival wife put a complaint in police station against me and a false case was filed in Domestic Violence Act at FCJM. Interim order was favoring me as dismissed the petition, later she withdrawn the case. After one year she left from my home I filed cases for divorce and return of Property to me. After one month cousilling wa s given to wife .from the court. my counsilling was due. After 8 days of her counsilling wife and her relatives kidnapped me with help of Gangsters (Gundas) and admitted me in a private mental hospital and injected me to unconciousness. However my relatives and neighbours rescued me from the hospital on the same day. FIR was registered against this kidnapping, 10 arrested including children and wifes brother, cousin brother, brother in law. Criminal Case filed in FCJM. Kidnap and arrest news was published in all leading Malayalam News Papers, Indian Express, The Hindu and telecasted in TV. Kidnap case is still going on. After the kidnap my wife filed another false Domestic Violence case in FCJM stating that she stayed with me again. In that case also interim order was in my favour dismissed the interim application. The second case and criminal case in kidnap and Divorce, proprty case is still going on. In FC, since the respondent (Wife) was not ready for taking my evidence and they were trying to prolong the cases, Family court kept both Divorce and property case for order without any evidence and cross evidence on me. Later they approached the High Court of Kerala for extension of order in FC cases. But, Hon. High Court denied their application for further extension and ordered for joint trial in FC. Kozhikode, Kerala.
I was insulted several times and mental cruelty was too high, I did not mention it in my filed petitions. I was decided not to insult her and spoil children's future. I don't have any of these habits at all. But, in her counter affidavits she stated that I am awomaniser, alcoholic, and mental patient. Next moth I will get a chance for filing a joint affidavit petition for both cases. Won't these also considered as mental cruelty from my wife?
Would any expert suggest me best grounds for a fast Divorce and property re registration to my name. Is there any court orders in such similar cases in India.
It will be great if anyone can give me best suggessions.
Regards,
A victim/sufferer.
Punit 07 October 2015
Hi This is Punitt here ...
My Info is, I am a software Engg, Wife Software Engg..
Married in Jan 2015 and looking for separation now ...Can we go for Null and Void OR do we need to wait for 1 yr to be completed and then file for Divrce,
We both are agreed for separation.
Now the story is..
I got married in month of jan 2015..Engagement happened 6 mnths back in Jul 2014...from Jul 2014 till jan 2015 , everything was a win win situation...I never tought that I would have to see this day in my life.
Whatever promises she exchaged were turned out to be fake as of today... Now when we got married in month of Jan 2015, within 5 days she told that she never wanted to marry me and her parents forced her for this marriage..... and she refused to have any physical relation ..I asked te reason for the same but she never told.
One of my friend told me take a help of counsellor and accordingly I did that... He told us that we can not go for separation as of today as it has been just 10 days to your marriage.. And again Court will give you 6 months of reconciliation time,, so better you take that chance now itself so that none of you b sorry later.
now its more than 6 months to our marriage and we did not have any kind of Physical Relationsip between us ...she did not even stayed at my place for not more than 2 months out of these 8 months... and One day she took all her goods and went back to her parental home and refused to come back ( for no reason..no fight between us ).
During all these days I tried my level best to continue or convince her to continue with this marriage.. its from My side , her relatives side...Also as per ounsellor's suggestion i had not told this at my home.
But when she went back to her home inspite of all the efforts I took , my patience level came to an end.
We finally called it off and now taken a decision to go for seperation.
Can anyone please suggest , can we go for null an void of the marriage? Also do we require to go for counselling again ( 6 months reconciliation time) as counselling has already happened.
ow about going in Lok Adalat for this matter ?
Also any other suggestion ?
milan (x) 18 August 2016
Hello Respectable Lawyers,
My actual marriage life is of 86 days. My wife was not returning to my home and was not letting divorce then she asked huge amount(After 22 months - we are living saperate since last 22 months) which I could not pay. I said I could not pay that money so to get that money she sent lawyer's notice threating to file 498a equal to file false cases (FIR)..? She also asked lakhs of rupees for maintenance of these 22 months stating my salary 10 times then what actual is (Her lawyer did not read sec 125 properly I think)
Can this be considered as cruelty and grounds of divorce of filling of FIR 498a is must to consider as cruelty and mere lawyer notice could not be considered as cruelty..?
Please reply I am struggling since 22 months for 86 days of marriage.
Nitish Banka (lawyer) 05 September 2017
Getting Divorce on Cruelty
The degree of proof needed to prove cruelty and getting divorce on grounds of it is far less than in the cases of 498a, because in divorce cases preponderance of evidence is more important than proving cruelty than proving it beyond reasonable doubt.
In recent judgement
Cruelty for the purpose of Section 13(1)(ia) is to be taken as a behavior by one spouse towards the other which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other. Mental cruelty is a state of mind and feeling with one of the spouses due to the behavior or behavioral pattern by the other. Unlike the case of physical cruelty the mental cruelty is difficult to establish by direct evidence. It is necessarily a matter of inference to be drawn from the facts and circumstances of the case. A feeling of anguish, disappointment and frustration in one spouse caused by the conduct of the other can only be appreciated on assessing the attending facts and circumstances in which the two partners of matrimonial life have been living. The inference has to be drawn from the attending facts and circumstances taken cumulatively. In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty. The approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental trauma due to conduct of the other.
The major thing is that there is a breakdown of marriage because of the conduct and its not possible for husband and wife to live together, there should be a continuous atrocities and it should be apart from the normal wear and tear of marriage.
Making certain statements on the spur of the moment and expressing certain displeasure about the behavior of elders may not be characterized as cruelty. Mere trivial irritations, quarrels, normal wear and tear of married life which happens in day to day life in all families would not be adequate for grant of divorce on this ground.
Sustained unjustifiable and reprehensible conduct affecting physical and mental health of the other spouse may lead to mental cruelty.
Therefore for getting divorce on the ground on this ground, whole marriage is to be assessed by the court, remember that the policy of the court is on reconciliation, one or two incidence does not suffice the grounds of cruelty.
By: Nitish Banka
Nitish Banka (lawyer) 30 March 2018
The most used terminology in the courts of law is “Your Honor I cannot continue this sacred relation because of the cruelty committed on me”, but the shocking and sad state of affair is that the opposite party comes with more severe allegations alleging cruelty which the makes the job of the courts impossible to decide the case and resulting into everlasting litigation, mental agony.
Before I say what cruelty is in the terms of law, it is very important to understand the meaning of the word which is “cruel behavior or attitudes” or if we talk in legal perspective “behavior which causes physical or mental harm to another, especially a spouse, whether intentionally or not.” Since now a days it has become really difficult to tolerate the other person because of the patience level and expectations, most of the cases are coming forward with a tagline divorce on the ground of cruelty. Then the question arises as to what can be termed as cruelty and how it can be proved in the courts of law.
And most of the cases fail in the court of law is due to the lack of evidence because the acts committed under cruelty are committed within the four walls of the house and the mere exaggerated allegations to any level goes unproved resulting into injustice to the party who is a genuine sufferer and result into the suffering for the party against whom the allegations are put forward.
I wish to quote some instances which could be termed as cruelty and the Hon’ble Courts have time and again have taken those instances as such which goes beyond the purview of the normal wear and tear of life and which actually can be considered as cruelty and making it difficult for one spouse to live with the other or that the marriage has broken irretrievably that the parties cannot be expected to live together under one roof.
Instances which could be considered as cruelty and accepted by the Hon’ble Courts as cruelty can be categorized as follows:-
1. Act of the wife not allowing her husband to live in matrimonial home constitutes both mental and physical cruelty.
2. Where the husband remained unemployed during his stay with his wife and started spending money on liquor indiscriminately, used to come home late at night, gave physical beatings as well as mentally tortured the wife and also demanded share in his wife’s flat.
3. Threatening the husband that she would commit suicide, persuaded husband to leave his parents, filed false case under section 498A of the IPC and also dowry case against husband and his family members.
4. Conduct of the husband of continues abusing and ugly and foul language and also alleging the wife of having an extra-marital relationship without any good reason will make the relation between the parties a soured relation and as such the parties cannot be expected to live together.
5. Verbal abuses and insults by using foul and abusive language, disturbing mental peace and every conduct which causes a mental tension as to affect the health or likely to affect the health of the other spouse will be considered as cruelty.
6. A spouse staying away can cause mental cruelty to the other spouse by sending vulgar and defamatory letters or notices or filing false complaints containing indecent allegations or by initiating number of judicial proceedings making the others spouse’s life miserable.
7. Culture, human value, economic and social conditions will be an important factor in deciding the allegations made in the cruelty.
8. Lack of mutual trust, confidence, faith and having doubt on each other whenever the other spouse fails to answer the call and making remarks on her character will amount to cruelty, rupturing the matrimonial relation and the other spouse cannot be expected to stay in that environment.
9. Where the husband is lethargic, does not work, is parasitical, selfish or callous provides no money for the household or refuses to undertake payment to meet the household expenses, the wife cannot be expected to stay with the husband.
10. Spouses not behaving in a respectful and cordial manner with the parents of each other would be considered as cruelty.
11. Constant insults, abuses and accusations of adulterous character which make the married life impossible to be endured, constitute mental cruelty of a kind worse than physical violence.
Above mentioned are just the glimpse of the cases in which the Hon’ble Courts have held the have the cruelty being committed by one spouse towards to the other and the courts cannot expect the other spouse to stay in that house wherein he/she has lost their most cherished fundamental right of life with respect and dignity. The Idea of bringing the cruelty as a ground for divorce is to maintain the self respect and dignity of the spouses living under the same roof and who have decided to stay together for their life in all good and bad times.
Last but not the least is that whenever the spouses comes before the court of law to file their cases with the weak evidence or lack of evidence, the cases end up in dismissal and harassment, but after the amendment of the Information Act, 2009 any spouse can keep a audio or video recording, messages etc. to be used in the court of law to ensure a
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