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Roshni B.. (For justice and dignity)     23 February 2011

Not performing rituals after marriage is no ground 4 divorce

 

Not performing rituals no ground for divorce: Court

 


 
NEW DELHI:
 
A girls refusal to perform post-marital ceremonies cannot be a reason to seek divorce,a trial court has held. Non-observing of such odd customs of grooms family cannot be termed cruelty upon the husband.

The courts remarks came while trashing the plea of a man seeking divorce on the grounds that he was subjected to mental cruelty after his wife refused to sit for the age-old custom of Muh dikhai (ceremony of first meeting of the girl with the family ) calling it a drama.Filing for divorce,the man alleged that a day after his wedding,his wife misbehaved at the time of muh dikhai saying that such ceremony was a drama and she was not interested at all in performing the same.Another ground raised by the man was that the girls family did not accord special treatment to him as is given to a son-in-law according to the customs.The girls parents refused to entertain the entire b i r a d a r i (community) which was coming for the phera ceremony to their house, he said.

Finding no merit in the mans petition,additional district judge Rajender Kumar Shastri said a woman cannot be compelled to participate in such ceremonies.It appears to be an intrusion in the personal liberty of bride,if she is forced to sit bare face and each and sundry are allowed to stare at her in the name of custom, he said.Slamming such customs,the court also called it unreasonable to compel the parents of the bride to host guests from the community of the grooms family for a ceremony.Such voluptuous practices have no basis except to extract money from parents of the bride.Such parents are thus pressed to follow these absurd practices in the name of customs, ADJ Shastri said.

Even as the man sought a divorce on the ground of cruelty,his wife moved the court seeking a direction for her husband to take her back in their matrimonial home.Challenging her husbands allegations of cruelty,the woman said that her in-laws constantly cursed her for being a bad omen.

 
https://webcache.googleusercontent.com/search?q=cache:VgjuA1UViuUJ:timesofindia.indiatimes.com/city/delhi/Not-performing-rituals-no-ground-for-divorce-Court/articleshow/7408935.cms+india+in-laws+cruelty&cd=6&hl=en&ct=clnk&gl=in&source=www.google.co.in


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 5 Replies

Lekha (working)     23 February 2011

Very good post, cunning husband & inlaws should understand one thing that you cannot claim cruelty on such stupid reasons or issues, its not a movie, that one fine day you wake up & file a case my wife is cruel to me, iam mentally tortured, because she didn't give me omlet dis morning, she dosn't go to market with my mom, she doesn't clean the dustbin of my kitchen . But its sad that husbands have started making such small points huge, n then they claim for divorce under cruelty, because there job is already done by that time and they feel any girl who resists or opposes or if she dares to open her mouth , then just throw her out by saying such disgusting things.

And misleading headlines in newspapers ( Divorce granted because of vulgar clothing of wife ) provokes such brainless immature men to go for divorce on such baseless grounds.

That case was solved because of the other proofs and the recording etc not just beacuse of clothing, but media hyped it in a wrong way.

1 Like

Bhartiya No. 1 (Nationalist)     23 February 2011

 

Mental cruelty has been dealt in length, plz read the comlete judgment.

Below are some of the salient features,

Human mind is extremely complex and human behaviour is equally complicated. Similarly human ingenuity has no bound, therefore, to assimilate the entire human behaviour in one definition is almost impossible. What is cruelty in one case may not amount to cruelty in other case. The concept of cruelty differs from person to person depending upon his upbringing, level of sensitivity, educational, family and cultural background, financial position, social status, customs, traditions, religious beliefs, human values and their value system.

100. Apart from this, the concept of mental cruelty cannot remain static; it is bound to change with the passage of time, impact of modern culture through print and electronic media and value system, etc. etc. What may be mental cruelty now may not remain a mental cruelty after a passage of time or vice versa. There can never be any straitjacket formula or fixed parameters for determining mental cruelty in matrimonial matters.

The prudent and appropriate way to adjudicate the case would be to evaluate it on its peculiar facts and circumstances while taking aforementioned factors in consideration.

 

The complete judgment is below,

 

https://lawyersclubindia.com/forum/SC-Judgment-on-Mental-Cruelty-by-spouses--32354.asp

 

1 Like

Tajobsindia (Senior Partner )     23 February 2011

@ Lekha

All these and many more which you spoke have been "grounds" for granting divorce on cruelties to husband by wife by various trial courts, high courts and even by SC. You are seeign only one side of coin wearing rainbow glasses.

You want a list of parties / citations on your spoken para I will give you concise list. Hence, don't blame Husbands are getting only 'ideas'  It is the Judiciary which has already invented the wheel since 1955 all it takes is to use them appropriately by awake husband(s) (PERIOD). 

Lekha (working)     23 February 2011

Okay i need those judgements or the actual cases. please post a link here.

Iam an experienced person, so iam not dreaming.   These days to get rid of there wives husbands have started lot of tantrums, and specially this mental cruelty is there favourite weapon.

Well i need all the posts, only then it will be good to comment

1 Like

(Guest)
Originally posted by :tajobsindia

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@ Lekha

All these and many more which you spoke have been "grounds" for granting divorce on cruelties to husband by wife by various trial courts, high courts and even by SC. You are seeign only one side of coin wearing rainbow glasses.
 
 

I think you are confused Tajobs.

 

This news is saying that any wife NOT PERFORMING RITUALS AFTER MARRIAGE is NOT a ground on which the husband can seek divorce.


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