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Whether to filing on grounds of cruelty is possible?

Page no : 2

JAYESH (Sr. Executive HR.)     23 December 2010

Madam Randomethic,


I can say that not all the males are equal and not all the females are equal. Your experience is bitter with your husband does not mean that all the male are same and all male treat their beloved wife like this only. In this modern age of Information Technologies many females are also doing many intolerable things in the name of friendship that can not be accepted. I aggerey that no male or no female should be unfaithful. Now being a female please tell me that any husband should tolerate that her wife keep on doing intolerable & offensive SMS & E-mails to other males. Did husband should not say any single words. Today most of the females under the protection of law they do every things that they want to do because they know that there is no law to protect males. And if males say something then they directly use there weapons of divorce though husband loves his wife very dearly. Here wife starts all the misuse of law to protect her all wrong doings & to prove herself innocent. PLEASE MADAM RANDOMETHIC REPLY ME.

randomethic (Professional)     23 December 2010

My Jayesh...Would you please not hijack my thread!

Also...it clearly says in my post that I think both men and women are equally responsible for marriages failing. Both lie and cheat each other and file false cases. 

I rest my case.

JAYESH (Sr. Executive HR.)     23 December 2010

Madam Randomethic,

First of all Sorry Madam. I don't mean to disturb you. I can understand your situation & pain you are barring. I also want to say that male & female are totally equal. Both male & female should develop understanding then only life can be good. Anyways I had post my words here to get some answers from few of the other members. Nice to hear from you. Trust in God. God Sai Baba will help all of us. Once again I'm sorry

||OM SAI RAM||

randomethic (Professional)     23 December 2010

I have no issues with you seeking a response to your query on this thread...but I do not want this to become a war zone about who is right or wrong or a men vs women debate...I am looking for some advice on similar situation but different gender roles.

 

I do not think going into my marriage I ever thought that I would have to or even need to take the help of the law...I was not even aware of the conditions under which I can seek justice.

 

But I realized one thing in my sister in law's case...lawyers also advise plaintiffs wrongly...they tell you the case is not strong enough and you should file under a particular section to cause maximum damage. 

 

All lawyers may not be the same. However, to someone who has been ill-treated...whether man or woman by their spouse, when they are hurt and angry and someone in a position to know the law advises something that would help their cause...people take that road. Call it ignorance but it's not always greed. There are many facets to how a case in the court of law reaches its state. 

 

I hope I can find a good lawyer who is honest but strong enough to create a compelling case for me based on the true facts of my story. 

JAYESH (Sr. Executive HR.)     23 December 2010

ok sorry madam

randomethic (Professional)     24 December 2010

You don't need to apologize...I have read your message...however, since I am no expert in human psychology or behavior...having failed so miserably at identifying who I was getting married to....I would suggest you approach a counselor for yourself and also hope that you will find a lawyer who will help you in the right manner with the right support.

JAYESH (Sr. Executive HR.)     25 December 2010

Merry Christmas Madam,

Thank you for reading my message. I understand that you can't help me. This just I'm sharing my feeling. I can understant the situation how bad feelings are there. Any thanks a lot. If possible then I will be in touch. Reset is all in the hands of GOD.


MERRY CHRISTMAS

ENJOY

N.K.Assumi (Advocate)     15 January 2011

Dear Rendomethic, members have nicely expressed their views especially that of peravi as to what constitute mental cruelty based on  the Apex Court observations. I am of the view that you have no future with him. Just go for divorce in spite of living with a monstear.

indrajit mukhopadhyay (lawyer)     23 February 2011

Madam,

cruelty is one of the major cause of getting divorce.Cruelty are of two kinds : physical and mental.Cruelty to either of the spouce can take place in different ways and in different modes.Court will look into the matter that whether there is  a complete breakdown of marriage.If it is proved that there is irretrevable break down of marriage and there is no chance of resuming the matrimonial ties court will surely grant the prayer of divorce,there are a lot of decisions of supreme court to that effect.

randomethic (Professional)     23 February 2011

That is why I have clearly mentioned my situation when asking this question. Personally, I am not interested in filing on grounds of cruelty. I have no means of proving it and regardless of the court's decision (if it does come to that) I know what I have seen and felt and it is cruelty. And under no circumstances will I take this abusive, psycho back.

What I really need to know is what proof is required to file for mental cruelty if efforts to secure divorce by mutual consent fails? Like I've mentioned before, I haven't spent my time assuming I will file and therefore recording every conversation or altercation with him to show how he misbehaved. What course of action to be taken in such a case and how do I prove cruetly? 

I am extremely clear that it is absolutely impossible to live with this person and spoil my mental, emotional and physical health by being with him.

Thanks for responding.

indrajit mukhopadhyay (lawyer)     23 February 2011

Madam

State the actual incident what had happened to you in your petition.Show the real fact why you are considering that your marriage is a complete breakdown of your matrimonial relationship.State what sort of mental pain and agony you had to suffer.State why it is not possible for you to resume your conjugal life.Take the help of a good lawyer. I don't know where you stay,if you stay , but if you wish you can take my help.


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