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sankar P (supervisor)     13 July 2014

What will happen when husband file divorce accepting cruelty

Dear Sir/Madam,

What will happen when husband files divorce case that he accepting his cruelty did to his wife?

1. Whether the Hon'able court will give divorce immediately on the basis of his application?

2. Whether the court will give any punishment the he is accepting cruelty

3. What are the benefits will have given for the wife by this acceptance.

4. Or the court will reject the application ,if she is not accepting his cruelty?

Kindly advice me,

Many Thanks,

Best Regards,

shankar.



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 July 2014

Dear Shankar my opinion on your queries are as under:

1. Whether the Hon'able court will give divorce immediately on the basis of his application?

Opinion: no, court first of all issue summons to opposite party and give an opportunity to hearing after finalization of pleadings the case will be start for evidence and argument after this procedure the court will decide the case.

2. Whether the court will give any punishment the he is accepting cruelty

Opinion: yes, the court may pass an order


3. What are the benefits will have given for the wife by this acceptance.

Opinion: yes,

4. Or the court will reject the application ,if she is not accepting his cruelty?

Opinion: no, court can not reject, read opinion no. 1


gautam (not disclosed)     13 July 2014

why would someone accept his cruelty while filing divorce petition

He has to select a ground for filing divorce, if he files on the basis of cruelty, then he has to say instances where cruelty was done to him and not other way round.

 

KNK A Learner (Learning to share)     13 July 2014

Agreed with Gautam, it appears to me that your husband filed divorce petition and mentioning that he subjected you to cruelty.

the Question is on what grounds he filed the divorce? is he repenting and praying court because of his conduct he want divorce from his wife? is he thinking that court will sympathetic to him?

you just accept his cruelty and based on his cruelty, you have plenty of cases to file against i.e., Cr PC.125 for maintenance, DVC etc., You have valid reason to live separately with him without divorce, so oppose divorce mentioning that even though he subjected you to cruelty, you are not willing to take divorce and want to live separately from him by continuing relation.

If you also interested to take divorce then it's good ground for divorce and maintenance.

sankar P (supervisor)     13 July 2014

Thank you for all Experts for Valuable information & Precious time.

Shri.Nadeem Sir,

Kindly explain me the Point No 2 &3 , what type of punishment given to husband & what type of Benefits will received to wife

Also, If we mention in application type of Cruelty  husband did (I.e. only talking abusive words, due to wife creating circumstance/situation) no other cruelty mentioned/agreed.

Because my wife want to live separate neither he gave divorce, nor live with me, or complaint against me, since she is  a lawyer.

If i filed the type of cruelty above mentioned then what will be the result ? whether she will come to an agreement or the problem will reverse against me

 

 

Many Thanks,

Best Regards,

shankar.

sankar P (supervisor)     13 July 2014

Addition to that , i mean to say Amount of Cruelty is very less,

Many thanks,

Best Regards,

Shankar.

Rangee (Lawyer)     15 July 2014

cruelty is only ground for filing divorce, under civil law there is no punishment.   cruelty under criminal law  is punishable.

Rsksingh

gautam (not disclosed)     15 July 2014

Hi Sankar,

From the first part of this post, It looks like you want to get a divorce from your wife.

Dear Sir/Madam,

What will happen when husband files divorce case that he accepting his cruelty did to his wife?

Among various grounds on which you can ask for divorce, mental cruelty is one of the common reasons given.  You can use this ground, if your wife's conduct or action is such that it can be viewed as mental cruelty on her part.  If your action is cruel and your wife is not filing any complaint, then you would not be able to file divorce giving that grounds.


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