Wife and her family torture from 13 years
9 months ago
Married since 13 years, wife leaves home over a quarrel talking along jewellery, kids and other belongings. Along with her father in absence of me they abused my mother and scolded her badly, while leaving her father cld me and abused over the phone. She used to abuse always me and my mum, she wants my mum should not stay with me, i kept mum one of portion of house, she cook her self my wife always scolding us my entire family, she used to bring her family members for quarrel frequently, she and her family used to threaten DV and dowry case and they spoiled our reputation in the society where I live.
The Hindu Marriage Act, 1955 (HMA) has specified certain grounds required for the plea of divorce. Cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. However, the word cruelty has not been defined anywhere in the Hindu Marriage Act, 1955 yet as it is next to impossible to give one precise definition. Mental cruelty is a course of conduct on the part of one spouse which can endanger the mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to further continue marital relation. The Supreme Court in the case of Samar Ghosh v. Jaya Ghosh, 2007 has listed down certain illustrations of mental cruelty. A few of them are listed below: Severe mental pain, disappointment, and frustration making it impossible for the other party to further continue the matrimonial relationship would constitute mental cruelty. The appellant must be subjected to mental cruelty continuously for a longer period. The behavior of the other spouse must cause apprehension in the mind of the appellant. It must be grave and weighty. Abortion without the consent of the appellant and sterilization without any medical reason may also constitute mental cruelty. Denial to have sexual intercourse after marriage for a considerable period even with the physical capacity to have sexual intercourse amounts to mental cruelty. Separation for a long considerably longer period. Demand for dowry, act affecting the reputation of either party or also making unfounded allegations constitute mental cruelty. Either of the spouses can seek the decree of divorce on the ground of cruelty that is to say the ground is available for both husband and wife and both can file a case against the other. Generally, a divorce petition is filed in the district court or family court where either of the partners resides. Later, the party not satisfied with the verdict of the family court can file an appeal petition in the High Court and then in the Supreme Court if necessary. The appellant must present pieces of evidence of such a nature that corroborates the allegation placed. The appellant needs to prove that further continuance of matrimonial relationship is harmful to the mental health along with the physical health of the appellant. The party seeking divorce on the ground of cruelty can submit audio, video or written evidence. One can also back their allegation by presenting eyewitnesses before the court. In the prevailing situation, reach out to an Advocate for guidance and steps.
Anonymous
Replied 9 months ago
Dear Sir,
I belongs to muslim community.
Kindly provide brief solution, your reply is very lengthy..
Thanks,
Suraj
Anonymous
Replied 9 months ago
Dear Anik, thank you so much for your response, kindly tell me immediate action, before she takes another step, she carried jewelry from house, in absense of me, kids also with her. She and her parents threatened to complain, it's been one week she left the house.. Still no response from her and no communication with kids. What are the immediate remedies I should use? Kindly help with the provisions. I belongs to muslim community.
Thanks,
Shaik
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