Divorce -divorce on the ground cruelty
2 years ago
My husband file for divorce on the ground cruelty bt i never did any cruelty towards him n his family member evn he always used to torture me a lot n he also installed a spy software in my phone... N bz of his behaviour I become frustated n bz of frustation maine apni mummy papa k ghr pe apne in laws k liye kuch bate galt boli n he recorded bz a spy software is installed in my phone... So court will consider such recording as evidence to prove cruelty.... Plz help me out m very much depressed bz of this situation.... I hv 8 months old baby girl I dnt want divorce
Sanjay Kumar Jha
Responded 2 years ago
A.Dear Client,
Firstly, you should not be panic knowing that he has recorded some adverse statement against your in-laws. Rather , what he has done for spying against you if you 100% confirm, then it is itself a harassment with you and you have solid proof against him. If he denies the how he knew what you said against ur in-laws.
Thanks
You can file a counter suit against him for defamation and alternatively claim that one instance of you complaining about him cannot amount to cruelty. You can file a case of restitution of conjugal rights and ask that he comes back home.
Thank you.
A.Dear Madam,
Contents of spy software are not acceptable. Be assured that his divorce petition will be dismissed if your case is contested systematically.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Vaidehi Samant
Responded 2 years ago
A.Your husband can file for divorce on these grounds but you get equal right to defend your case by putting you side of the story and generally divorce cases don't get decided early if it is not mutual consent divorce so Court will give you and him lot of time to put story of either sides as well as to settle the disputes as much possible so do not worry. Also if you are bother about your child please note that you can claim maintenance under section 125 of Criminal Procedure Code for your self and your child before the same Court where your divorce case may be filed in case if your husband has not been providing any financial support to you and your child for the daily expenses.
Lastly if you want to resolve the disputes and continue your marriage it is advisable that you try to talk to your husband and reconcile the differences as much possible and you can also think to approach qualified marriage counselor if you deem fit to resolve your differences.
Thank you.