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Uday (EMPLOYEE)     20 August 2016

Whether husband is entitled to get divorce on ground of crue

Hello,

Request for your help and advice.
Also please advice what can be done in this situation. Thanks in advance
Whether husband is entitled to get divorce on ground of cruelty if wife has filed false Divorce petition?

In short, we both got married on Apr 2009 and have a baby girl. Due to unreasonable differences, we both are staying separately from each other since Feb 2012 in two different cities. Several panchayats held but all efforts in vein.

My wife filed a divorce petition on July 2014 in section 13(1) (ia) (ib) seeking disolution of marriage by making false allegations from her city (juristriction).
She wants one time alimony which im not ready to pay as she is equally qualified and earning handsome salary from a reputed MNC. Im ready and paying volunterily maintaince for daughter. 

I have contested the case and attending case proceedings since July 2014 ready to give her divorce. But intentionally they are draging the case. Current state is still petitioner evidence. Everytime they pray for new date to produce some documenation. This is cauing mental agony & cruelty and not able to concentrate on work and life

Question: Can I file a separate divorce petition from my city (juristriction) on the basis of mental cruelty on the following grounds
• Cruel behavior of wife where wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mangalsutra in the presence of husband’s relatives.

• Threatening to leave husband’s home and threat to commit suicide by the wife.

• Conduct and misbehavior of the wife against husband i.e. pressuring husband to leave his home, insisting for the separate residence, mentally torture and disrespectful behavior towards husband and in-laws as well.

• Abusing and accusing husband by way of insulting in presence of in-laws and in some cases wife abusing husband in front of office staff members.

• Lowering reputation of the husband by using derogatory words in presence of family members and elders.

• Desertion by wife which means wife deliberately intending for separation and to bring cohabitation permanently to an end.

 



Learning

 9 Replies

Wilson Mathew   20 August 2016

1. Filing a Divorce petition does not amount to cruelty even if the allegations are false. 2. You cannot file separate petition elsewhere, but you have a right of filing counter claim in her petition by raising all the grounds of cruelty which you have mentioned. 3. Since you have mentioned that the case is fixed for evidence, I hope you have raised your counter claim in your written statement. 4. If your wife is dragging the case and if it is apparent on the record, you can approach the incumbent High Court under Article 227 of the Constitution Of India and seek the matter to be decided within a time frame since you are coming from a place which is not your ordinary place of residence.

Wilson Mathew   20 August 2016

Even if you file A separate petition in your place, the same can be transferred to her city by the Supreme Court / High Court and depending on the efflux of time, your petition may be treated as a Counter Claim and a single evidence will be lead by the Court as the subject matter and cause of action is going to be same.

A walk alone (-)     20 August 2016

Do you have any evidence of above points that you mentioned? Every husband mentioned same points generally. Anyway if you want divorce then why you contest her file divorce? It's only wastage of time. If both want divorce go MCD otherwise let her divorce be decided exparty

whatnot   22 August 2016

Originally posted by : A walk alone
Do you have any evidence of above points that you mentioned? Every husband mentioned same points generally. Anyway if you want divorce then why you contest her file divorce? It's only wastage of time. If both want divorce go MCD otherwise let her divorce be decided exparty

why you contest her file divorce?

Uday (EMPLOYEE)     22 August 2016

Thanks for the advice. 

Several mediations (officially & unofficially) held & failed due to unreasonalble demads & unrealistic expectations. Contested the case because of her false case & alligations.

Wilson Mathew, can you please help & give further details, articles and judgements if any on Article 227.

you can approach the incumbent High Court under Article 227 of the Constitution Of India and seek the matter to be decided within a time frame since you are coming from a place which is not your ordinary place of residence.

 

 

Ms.Usha Kapoor (CEO)     23 August 2016

  Dear Client,

 

       You both  file divorce by mutual consentt AND  ALSO  A SEPERATE  PERTITION OR REGISTERED AGRWEMNT WITH STAMDUTY TO DECXIDE MAINTENANCE,CUSTODY AND GURDIANSHIP OF YOUR minor  DAUGHTER IF SH E CROSSE D 5 YEARS OF AGE ANDIF SHE IS LESS THAN 5 YEARS insert a   CLAUSE  IN THE AGFREEMENT specifying  YOUR VISITATION RIGFHT S TO YOUR CHILD.. Or you can decide  aboput guardianship and custody  of your minor  daughter later on. f

kuljeet singh sohal   29 August 2016

hi uday if you are tired of hearing the solution right given above let it be the expartee dont go for hearings then court will give a ex party divorce to her after that she will get ex party dicree of divorce i dont know if you are eligible for remarrying in this you will need a advocate who will advice this better for you

kuljeet singh sohal   29 August 2016

in india there is a law for women men have no rights even women is fraud or as you mentioned here in youe request, as mentioned above if you both go for mutial divorce then it is the best solution for both of you 

sai narayana   30 August 2016

Brother if you are not a government servant or she is getting more than half of your salary then you are on safe side so just skip the court hearing (or) file amendment to your written statement under order 6 rule 17 duly (or) make subsequent pleading under order 8 Rule 9 stating that you have no objection to divorce provided allegations should be dropped. But you can't escape either lumpsum payment or monthly alimony for your kid in both sections S24 and S25 ie. during the period of case and after the issue of divorce decree respectively regardless of whatever the reason for divorce and whomever asked for divorce.


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