divorce
3 years ago
can I take divorce if my husband is hurting my self-respect by telling me that I am staying at his house and he shows me the door to get out in every fights and not performing married life duty with me
P.S. CHANDRALEKHA
Responded 3 years ago
A.1. This is a case of harassment and cruelty. You have a ground to file a case of divorce. If he agrees to get separate, you can file a mutual divorce case and get separate amicably. If he doesn't, then you will have to contest the divorce.
2. However, if the abuse is only verbal, you can always communicate and opt for counseling as well, if that seems to an option for him to change. Because, in India the mentality and upbringing is such that talking derogatory seems comfortable for people. All depends upon the person taking it and the gravity of the issue.
3. Non-performance of married life duties, substantial ground to seek divorce.
4. If staying alone with husband and he is the one harassing you, in case of S. 498A IPC (cruelty case), restrict to him and not unnecessarily drag his family members (especially uninvolved parents and siblings)
2. However, if the abuse is only verbal, you can always communicate and opt for counseling as well, if that seems to an option for him to change. Because, in India the mentality and upbringing is such that talking derogatory seems comfortable for people. All depends upon the person taking it and the gravity of the issue.
3. Non-performance of married life duties, substantial ground to seek divorce.
4. If staying alone with husband and he is the one harassing you, in case of S. 498A IPC (cruelty case), restrict to him and not unnecessarily drag his family members (especially uninvolved parents and siblings)
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KAMESHWAR SINGH
Responded 3 years ago
A.Dear,
Yes you have many option and dont worry at all.
Thanks!
Yes you have many option and dont worry at all.
Thanks!
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A.Yes, Every married women has to be treated with self-Respect & Dignity. Every now & then the Husband Cannot say to go out of the house. So yes, you can get Divorce.
YES, You can get Divorce.
As per your question it seems that you are the Victim in Bad Marriage & moving ahead with Divorce you need to know the following Legal Compliances & a few things
1) When & Where was the Marriage done?
2) Was it a Love Marriage or Arranged Marriage?
3) If it was Arranged Marriage who had taken the lead of proposal?
4) Have you both tried to solve the questions between yourselves? If Yes, What is the CURRENT position?
5) Do you have any children? If yes, then what about them & their Expenses? Are they ready to come with you?
6) What & where does Your Husband work ?
7) You can get the legal solution & that is separation & Divorce with all the Financial benefits ? Be mentally prepared to live separately as that there is NO other way out as you must have tried all the possible means till Now.
8) 1st Get all his Income papers like IT FILE or Salary Slip & property papers of all Moveable & unmovable property (XEROX) before leaving his house. (Alimony will be calculated based on these papers)
9) Take all the Ornaments & jewellery given by Your parents & Relative given to you during your Marriage & forward them all to your mother House
10) Then seek help from Local Mahila Mandal OR Mahila Aayog (WOMEN COMMISSION) If you know then good, otherwise I can help you with the assistance of Mahila Mandal OR Mahila Aayog
11) If you are unable to resolve the issue then you can file a case of domestic violence and also case under 498 A IPC against your husband and inlaws, you can also get protection, Monthly maintenance if you are NOT working and file petition to attach husband salary and property for you……. further if things are not working you can go for divorce.
12) Discuss it in detail to us & let you know the best possible way.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
YES, You can get Divorce.
As per your question it seems that you are the Victim in Bad Marriage & moving ahead with Divorce you need to know the following Legal Compliances & a few things
1) When & Where was the Marriage done?
2) Was it a Love Marriage or Arranged Marriage?
3) If it was Arranged Marriage who had taken the lead of proposal?
4) Have you both tried to solve the questions between yourselves? If Yes, What is the CURRENT position?
5) Do you have any children? If yes, then what about them & their Expenses? Are they ready to come with you?
6) What & where does Your Husband work ?
7) You can get the legal solution & that is separation & Divorce with all the Financial benefits ? Be mentally prepared to live separately as that there is NO other way out as you must have tried all the possible means till Now.
8) 1st Get all his Income papers like IT FILE or Salary Slip & property papers of all Moveable & unmovable property (XEROX) before leaving his house. (Alimony will be calculated based on these papers)
9) Take all the Ornaments & jewellery given by Your parents & Relative given to you during your Marriage & forward them all to your mother House
10) Then seek help from Local Mahila Mandal OR Mahila Aayog (WOMEN COMMISSION) If you know then good, otherwise I can help you with the assistance of Mahila Mandal OR Mahila Aayog
11) If you are unable to resolve the issue then you can file a case of domestic violence and also case under 498 A IPC against your husband and inlaws, you can also get protection, Monthly maintenance if you are NOT working and file petition to attach husband salary and property for you……. further if things are not working you can go for divorce.
12) Discuss it in detail to us & let you know the best possible way.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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A.Yes, it the cruelty and it is the strongest ground.
Please give me Rank 5 if you feel my answer helped you. ==============================================
According to Section 13(i) (a) of the Hindu Marriage Act, 1955, a mental cruelty is broadly defined as that moment when either party causes mental pain, agony of suffering of such a magnitude that it severs the bond between the wife and husband and as a result of which it becomes impossible for the party who has suffered to live with the other party.
The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status and environment in which they live.
What constitute a mental cruelty?
The conduct of the concerned party should be grave and substantial and it must be much more serious than the ordinary wear and tear of daily life.
A mental cruelty can vary depending upon different matrimonial cases so it is impossible to have a uniform standard to go by. Some instances illustrative of what defines mental cruelty as described by the Supreme Court of India (SC) are enumerated here.
• On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make it possible for the parties to live with each other, could come within the broad parameters of mental cruelty;
• On a comprehensive appraisal of the entire matrimonial life of the parties involved, it becomes abundantly clear that a situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party;
• Mere coldness or lack of affection cannot amount to cruelty however frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable;
• Mental cruelty is a state of mind – The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other over a long period of time may lead to mental cruelty;
• An unrelenting course of abusive and humiliating treatment calculated to torture, discommode or render miserable the life of one spouse;
• Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse – The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty;
• Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty;
• The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction. Emotional upset may not be a valid ground for granting a divorce on the grounds of mental cruelty;
• Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life is also not an adequate for granting a divorce on the grounds of mental cruelty;
• The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty – The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer. This may amount to mental cruelty;
• If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty;
• Unilateral decision of refusal to have intercourse for considerable periods of time without there being any physical incapacity or valid reason may amount to mental cruelty;
• Unilateral decisions made by either husband or wife after marriage to not have child from the marriage may amount to cruelty;
• Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair – The marriage becomes a fiction though supported by a legal tie – By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage. On the contrary, it shows scant regard for the feelings and emotions of the parties involved – In such situations, it may lead to mental cruelty.
How to prove mental cruelty in a court?
Establishing a case of mental cruelty depends upon the facts and circumstances of each case. However following ways, you can prove mental cruelty in a court:
Your oral testimony or in writing is sufficient ground for proving mental cruelty. Strengthen your oral or written evidences with instances of mental cruelty like continuous non – cohabitation or denying physical relationship, verbal and physical abuses, arrogant behaviour, incompatible or ever increasing difference of opinion aggravating the domestic relationship.
Audio and video evidence are the best evidence and it is broadly admitted by the court. You can also strengthen your case with witness’s testimonies.
======================================================
CRUELTY DEFINED BY THE
SUPREME COURT DEFINATION IN RAJTELREJA VS KAVITHA TALREJA
Date of Judgement 24.04.2017
Abstract In the present case, there were false allegations made by the wife against the husband. Placing reliance on precedents, the court held that this amounts to mental cruelty for the spouse and can be a ground for divorce under the Hindu Marriage Act. The court has in detail discussed about the concept of mental cruelty in the instant case. The Honourable Supreme Court has also set aside the decisions of both trial court and the supreme court.
Author of the brief Darshan Patankar, Student at Gujarat National Law University.
Keywords Hindu Marriage Act, Divorce, Mental Cruelty.
Introduction: Mental Cruelty is a ground for divorce under the Hindu Marriage Act along with other grounds such as adultery, desertion, conversion, entering new religion, unsoundness of mind, etc. Prior to 1976 amendment, cruelty was not a ground to divorce in India. Cruelty is not defined in the Hindu Marriage Act. Cruelty can be of both physical cruelty and mental cruelty. Mere trivial quarrels between the spouse do not amount to cruelty. In the case of Naveen Kohli v Neelu Kohli, of the year 2004, the Supreme Court has held that ‘Cruelty’ is a consistent course of conduct inflicting immeasurable mental agony and torture.
Facts: – The Parties involved in the appeal got married in 1989 according to Hindu Rites. The Husband and the Wife lived with the parents of the husband until the year 1999 and in the year 1999, the couple shifted to their own residence. On 19.03.2000, the husband left the matrimonial home and thereafter, on 25.03. 2000, he filed a petition for grant of a decree of divorce. Subsequently, on 07.11.2000, certain news items appeared in the Newspapers in which serious allegations were made against the husband which were published on the intimation given by the wife. On 04.12.2000, the wife filed a complaint to the State Women Commission making serious allegations against the Husband. Thereafter, she also sent similar letters to the Chief Justice of the High Court and the Superintendent of Police and a complaint was made to the Chief Minister. On 16.03.2001, the complaints were found to be false. Thereafter, on 12.04.2001, a FIR was filed against the appellant husband under Sections 452, 323 and 341 of the Indian Penal Code. After an investigation, the police reached the conclusion that there was no merit in the FIR and that the wife had filed a false FIR. In view of the aforesaid, the Husband moved an amendment application in the divorce petition incorporating the above-mentioned facts and alleging that he had been subjected to cruelty by the wife due the filing of false complaints. The Trial Judge dismissed the divorce petition and the appeal filed by the husband were also dismissed. Hence, this appeal.
Issue: – Whether a decree of divorce can be granted?
Appellants Contention: – Mr Gaurav Agrawal, learned counsel for the Appellant contended that the acts of the wife in levelling defamatory allegations and filing false complaints against the husband amounted to cruelty.
Respondents Contention: – Ms Vibha Datta Makhija, learned Senior Counsel for the Respondent contended that her client was not at fault and the cruelty had not been proved and she submitted that the respondent is declared to be a legally married woman and that the appeal is dismissed.
Decision of the Court: – Authored by Deepak Gupta, J.
(1) The Court allowed the appeal and the Judgments of the High Court and the Family Court was set aside. The petition for divorce filed by the husband under Section 13 of the Hindu Marriage Act, 1955 was decreed and the marriage of the parties solemnised on 13.04.1989 was dissolved by a decree of divorce. Further, the Court held that the wife would be entitled to a permanent alimony of Rs. 50, 00, 000/- and a residential flat of the value of up to Rs. 1, 00, 00, 000.
(2) The Court opined that it was more than obvious that the allegations made by the wife were false. The Court made a reference to Para 16 of K.Srinivas Rao v. D.A. Deepa wherein the Supreme Court had held that making unfounded indecent defamatory allegations against the spouse or his or her relatives in the pleadings, filing of complaints or issuing notices or news items which may have adverse impact on the business prospect or the job of the spouse and filing repeated false complaints and cases in Courts against the spouse would amount to causing mental cruelty to the other spouse.
(3) The Court held that Cruelty could never be defined with exactitude and cruelty would depend on the facts and circumstances of each case. It was observed that in the instant case, the wife made reckless, defamatory and false accusations against the husband, his family members and colleagues and these allegations were patently false. This would amount to an act of cruelty.
(4) The Court disagreed with the findings of the High Court and the Family Court and they held that the High Court and the Family Court had decided based on observations which were not supported by any reliable or cogent evidence on record.
Ratio: – There can be no uniform definition of Cruelty for the purpose of the Hindu Marriage Act, 1955 and cruelty will be decided as per the facts and circumstances of every case. As Lord Denning had held in Sheldon v. Sheldon (1963) that categories of cruelty in Matrimonial Cases are never closed.
Please give me Rank 5 if you feel my answer helped you. ==============================================
According to Section 13(i) (a) of the Hindu Marriage Act, 1955, a mental cruelty is broadly defined as that moment when either party causes mental pain, agony of suffering of such a magnitude that it severs the bond between the wife and husband and as a result of which it becomes impossible for the party who has suffered to live with the other party.
The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status and environment in which they live.
What constitute a mental cruelty?
The conduct of the concerned party should be grave and substantial and it must be much more serious than the ordinary wear and tear of daily life.
A mental cruelty can vary depending upon different matrimonial cases so it is impossible to have a uniform standard to go by. Some instances illustrative of what defines mental cruelty as described by the Supreme Court of India (SC) are enumerated here.
• On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make it possible for the parties to live with each other, could come within the broad parameters of mental cruelty;
• On a comprehensive appraisal of the entire matrimonial life of the parties involved, it becomes abundantly clear that a situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party;
• Mere coldness or lack of affection cannot amount to cruelty however frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable;
• Mental cruelty is a state of mind – The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other over a long period of time may lead to mental cruelty;
• An unrelenting course of abusive and humiliating treatment calculated to torture, discommode or render miserable the life of one spouse;
• Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse – The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty;
• Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty;
• The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction. Emotional upset may not be a valid ground for granting a divorce on the grounds of mental cruelty;
• Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life is also not an adequate for granting a divorce on the grounds of mental cruelty;
• The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty – The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer. This may amount to mental cruelty;
• If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty;
• Unilateral decision of refusal to have intercourse for considerable periods of time without there being any physical incapacity or valid reason may amount to mental cruelty;
• Unilateral decisions made by either husband or wife after marriage to not have child from the marriage may amount to cruelty;
• Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair – The marriage becomes a fiction though supported by a legal tie – By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage. On the contrary, it shows scant regard for the feelings and emotions of the parties involved – In such situations, it may lead to mental cruelty.
How to prove mental cruelty in a court?
Establishing a case of mental cruelty depends upon the facts and circumstances of each case. However following ways, you can prove mental cruelty in a court:
Your oral testimony or in writing is sufficient ground for proving mental cruelty. Strengthen your oral or written evidences with instances of mental cruelty like continuous non – cohabitation or denying physical relationship, verbal and physical abuses, arrogant behaviour, incompatible or ever increasing difference of opinion aggravating the domestic relationship.
Audio and video evidence are the best evidence and it is broadly admitted by the court. You can also strengthen your case with witness’s testimonies.
======================================================
CRUELTY DEFINED BY THE
SUPREME COURT DEFINATION IN RAJTELREJA VS KAVITHA TALREJA
Date of Judgement 24.04.2017
Abstract In the present case, there were false allegations made by the wife against the husband. Placing reliance on precedents, the court held that this amounts to mental cruelty for the spouse and can be a ground for divorce under the Hindu Marriage Act. The court has in detail discussed about the concept of mental cruelty in the instant case. The Honourable Supreme Court has also set aside the decisions of both trial court and the supreme court.
Author of the brief Darshan Patankar, Student at Gujarat National Law University.
Keywords Hindu Marriage Act, Divorce, Mental Cruelty.
Introduction: Mental Cruelty is a ground for divorce under the Hindu Marriage Act along with other grounds such as adultery, desertion, conversion, entering new religion, unsoundness of mind, etc. Prior to 1976 amendment, cruelty was not a ground to divorce in India. Cruelty is not defined in the Hindu Marriage Act. Cruelty can be of both physical cruelty and mental cruelty. Mere trivial quarrels between the spouse do not amount to cruelty. In the case of Naveen Kohli v Neelu Kohli, of the year 2004, the Supreme Court has held that ‘Cruelty’ is a consistent course of conduct inflicting immeasurable mental agony and torture.
Facts: – The Parties involved in the appeal got married in 1989 according to Hindu Rites. The Husband and the Wife lived with the parents of the husband until the year 1999 and in the year 1999, the couple shifted to their own residence. On 19.03.2000, the husband left the matrimonial home and thereafter, on 25.03. 2000, he filed a petition for grant of a decree of divorce. Subsequently, on 07.11.2000, certain news items appeared in the Newspapers in which serious allegations were made against the husband which were published on the intimation given by the wife. On 04.12.2000, the wife filed a complaint to the State Women Commission making serious allegations against the Husband. Thereafter, she also sent similar letters to the Chief Justice of the High Court and the Superintendent of Police and a complaint was made to the Chief Minister. On 16.03.2001, the complaints were found to be false. Thereafter, on 12.04.2001, a FIR was filed against the appellant husband under Sections 452, 323 and 341 of the Indian Penal Code. After an investigation, the police reached the conclusion that there was no merit in the FIR and that the wife had filed a false FIR. In view of the aforesaid, the Husband moved an amendment application in the divorce petition incorporating the above-mentioned facts and alleging that he had been subjected to cruelty by the wife due the filing of false complaints. The Trial Judge dismissed the divorce petition and the appeal filed by the husband were also dismissed. Hence, this appeal.
Issue: – Whether a decree of divorce can be granted?
Appellants Contention: – Mr Gaurav Agrawal, learned counsel for the Appellant contended that the acts of the wife in levelling defamatory allegations and filing false complaints against the husband amounted to cruelty.
Respondents Contention: – Ms Vibha Datta Makhija, learned Senior Counsel for the Respondent contended that her client was not at fault and the cruelty had not been proved and she submitted that the respondent is declared to be a legally married woman and that the appeal is dismissed.
Decision of the Court: – Authored by Deepak Gupta, J.
(1) The Court allowed the appeal and the Judgments of the High Court and the Family Court was set aside. The petition for divorce filed by the husband under Section 13 of the Hindu Marriage Act, 1955 was decreed and the marriage of the parties solemnised on 13.04.1989 was dissolved by a decree of divorce. Further, the Court held that the wife would be entitled to a permanent alimony of Rs. 50, 00, 000/- and a residential flat of the value of up to Rs. 1, 00, 00, 000.
(2) The Court opined that it was more than obvious that the allegations made by the wife were false. The Court made a reference to Para 16 of K.Srinivas Rao v. D.A. Deepa wherein the Supreme Court had held that making unfounded indecent defamatory allegations against the spouse or his or her relatives in the pleadings, filing of complaints or issuing notices or news items which may have adverse impact on the business prospect or the job of the spouse and filing repeated false complaints and cases in Courts against the spouse would amount to causing mental cruelty to the other spouse.
(3) The Court held that Cruelty could never be defined with exactitude and cruelty would depend on the facts and circumstances of each case. It was observed that in the instant case, the wife made reckless, defamatory and false accusations against the husband, his family members and colleagues and these allegations were patently false. This would amount to an act of cruelty.
(4) The Court disagreed with the findings of the High Court and the Family Court and they held that the High Court and the Family Court had decided based on observations which were not supported by any reliable or cogent evidence on record.
Ratio: – There can be no uniform definition of Cruelty for the purpose of the Hindu Marriage Act, 1955 and cruelty will be decided as per the facts and circumstances of every case. As Lord Denning had held in Sheldon v. Sheldon (1963) that categories of cruelty in Matrimonial Cases are never closed.
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