Divorce
4 years ago
I got married just 3months back. I am 34 and the girl age 32. soon after the marriage as i was in a great financial crisis i told the girl to wait till 8 months for planning a child. but, the girl and girls parents took that in a negative way and they blamed me calling impotant before my relaives and infront of the fellow friends. Then that day onwards we were seperated . its been 3 months almost. we had a meeting with their relatives and talks were not satisfied beacuse i stood on the same word. She insulted me many times through her messages on whats app and texts and asked me to proof that i was male...it made me so irritate on her i also abused her many times showing my temper. i told her to come to live with me but on a condition that i dont want to have a sexual lif with her no more children rest of my life.. she is not ready to come on that condition. so, i want divorce from her. i am not willing to live with her anymore. i want a legal advice from you.
A.Usually a mutual divorce case can only be filled after one year of marriage. Still in certain circumstances, courts allow it even before the expiry of one year.
The case is not so in contested divorce case.
Thank you.
The case is not so in contested divorce case.
Thank you.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
We can understand the mindset and impression created by the otherwise, plz never take their words as true as you know urself better than anyone. As per Indian law, it's difficult to file a divorce case before completion of one year of the marriage, however, you may opt. for the nullity of marriage under various grounds.
However, I strongly suggest professional counseling for you both to take the best call here.
We can understand the mindset and impression created by the otherwise, plz never take their words as true as you know urself better than anyone. As per Indian law, it's difficult to file a divorce case before completion of one year of the marriage, however, you may opt. for the nullity of marriage under various grounds.
However, I strongly suggest professional counseling for you both to take the best call here.
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Kumar Ranjan
Responded 4 years ago
A.Before I Answer your Question That you have put in the Forum.
I want to know wheather you falls under which community like Hindu,Muslims or some else.As law is different for each
Yes you can apply for divorce in each category but for that you need to have solid evidence why you want to get separation from your spouse as your marriage is less than 2 years old.
I want to know wheather you falls under which community like Hindu,Muslims or some else.As law is different for each
Yes you can apply for divorce in each category but for that you need to have solid evidence why you want to get separation from your spouse as your marriage is less than 2 years old.
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A.Dear Sir,
you have a good ground to say that you don't wish to continue your marriage with her as she and her father dubbed you as IMPOTENT. You can file divorce case and criminal case for demotion against them.
Please give me Rank 5 and Review my Resume and Follow Me.
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https://timesofindia.indiatimes.com/city/nagpur/calling-person-impotent-is-defamation-hc/articleshow/66561078.cms
Calling a man ‘impotent’ is defamation: Bombay high court
HIGHLIGHTS
• “Prima facie, the word ‘impotent’, when understood in plain and grammatical sense, reflects adversely upon a person’s manhood and has a tendency to invite derisive opinions about him from others," the HC said.
• The ruling may help husbands facing divorce cases, where “impotency” is cited as a reason for separation along with dowry, domestic violence and harassment.
NAGPUR: In a landmark ruling, the Nagpur bench of Bombay High
Court ruled that calling a person “impotent” amounts to defamation and it adversely reflects his manhood.
While dismissing wife’s application for discharge from the criminal proceedings initiated against her on husband’s complaint, the HC held that usage of such word constitute the offence of defamation. The ruling would help a lot of husbands facing divorce cases where “impotency” was often cited as one of the reasons by wives for separation along with dowry, domestic violence and harassment.
“Prima facie, the word ‘impotent’, when understood in plain and grammatical sense, reflects adversely upon person’s manhood and has a tendency to invite derisive opinions about him from others. Therefore, its usage and publication as contemplated under Section 499 (damage to reputation) would be sufficient to constitute the offence of defamation under Section 500 (punishment for defamation) of IPC,” a single-judge bench comprising justice Sunil Shukre held.
While refusing to interfere in the ongoing criminal proceedings, the judge clarified that even if the expression “impotent person” is read in all its contextual setting, particularly in the childbirth by adopting a medical procedure on gynecologist’s suggestion, still the apparent harm that the expression causes, is not diluted or washed out.
The relations between the couple having a daughter got strained after wife left for matrimonial home on November 21, 2016. Later, she filed a divorce case in family court, which granted an daughter’s interim custody to father. She then challenged this order in HC where she raised aspersions on husband’s potency and capacity to engage into a physical relationship.
Disturbed over her allegations, the man lodged a complaint against wife and in-laws for defamation and offences under Sections 500 and 506 (Punishment for criminal intimidation) of IPC. Subsequently, the judicial magistrate first class (JMFC) then instituted an inquiry. After receiving wife’s statement and examining witnesses’, he issued orders to register crime against wife under Sections 500 and 506 on July 24 last year, which she challenged in HC.
The wife contended that she wanted to avoid writing about husband’s impotency in her plea, but his conduct compelled her to write that their child was born by medical ovulation period technique as suggested by the gynecologist.
you have a good ground to say that you don't wish to continue your marriage with her as she and her father dubbed you as IMPOTENT. You can file divorce case and criminal case for demotion against them.
Please give me Rank 5 and Review my Resume and Follow Me.
==================================================
https://timesofindia.indiatimes.com/city/nagpur/calling-person-impotent-is-defamation-hc/articleshow/66561078.cms
Calling a man ‘impotent’ is defamation: Bombay high court
HIGHLIGHTS
• “Prima facie, the word ‘impotent’, when understood in plain and grammatical sense, reflects adversely upon a person’s manhood and has a tendency to invite derisive opinions about him from others," the HC said.
• The ruling may help husbands facing divorce cases, where “impotency” is cited as a reason for separation along with dowry, domestic violence and harassment.
NAGPUR: In a landmark ruling, the Nagpur bench of Bombay High
Court ruled that calling a person “impotent” amounts to defamation and it adversely reflects his manhood.
While dismissing wife’s application for discharge from the criminal proceedings initiated against her on husband’s complaint, the HC held that usage of such word constitute the offence of defamation. The ruling would help a lot of husbands facing divorce cases where “impotency” was often cited as one of the reasons by wives for separation along with dowry, domestic violence and harassment.
“Prima facie, the word ‘impotent’, when understood in plain and grammatical sense, reflects adversely upon person’s manhood and has a tendency to invite derisive opinions about him from others. Therefore, its usage and publication as contemplated under Section 499 (damage to reputation) would be sufficient to constitute the offence of defamation under Section 500 (punishment for defamation) of IPC,” a single-judge bench comprising justice Sunil Shukre held.
While refusing to interfere in the ongoing criminal proceedings, the judge clarified that even if the expression “impotent person” is read in all its contextual setting, particularly in the childbirth by adopting a medical procedure on gynecologist’s suggestion, still the apparent harm that the expression causes, is not diluted or washed out.
The relations between the couple having a daughter got strained after wife left for matrimonial home on November 21, 2016. Later, she filed a divorce case in family court, which granted an daughter’s interim custody to father. She then challenged this order in HC where she raised aspersions on husband’s potency and capacity to engage into a physical relationship.
Disturbed over her allegations, the man lodged a complaint against wife and in-laws for defamation and offences under Sections 500 and 506 (Punishment for criminal intimidation) of IPC. Subsequently, the judicial magistrate first class (JMFC) then instituted an inquiry. After receiving wife’s statement and examining witnesses’, he issued orders to register crime against wife under Sections 500 and 506 on July 24 last year, which she challenged in HC.
The wife contended that she wanted to avoid writing about husband’s impotency in her plea, but his conduct compelled her to write that their child was born by medical ovulation period technique as suggested by the gynecologist.
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