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Legal Notice to Wife for wrongful allegation and abuses
8 months ago
Wife and daughter are making wrong allegations on extra marital affairs and filing wrong police complaints for violence. Wife has also not allowing husband enter his own house and and not allowing meeting 12 year old son. Husband wants to first issue a legal notice documenting all these points to legally remind her the provisions of the various acts and take action against her . After that this legal notice shall be used to file anticipatory bail. Husband also wants to put a defmation suit. Please advise what should be done.
A.Dear client,
For instituting a complaint of defamation under section 499 of the IPC, the abusive words are required to be uttered against you in public. If the words have been uttered behind closed doors, it cannot be defamation. You can file suit for divorce
For instituting a complaint of defamation under section 499 of the IPC, the abusive words are required to be uttered against you in public. If the words have been uttered behind closed doors, it cannot be defamation. You can file suit for divorce
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A.Dear Client,
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. 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. 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.
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. 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. 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.
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