Abusive relationship
6 months ago
My wife abuses me and my parents in front of me though my parents do not stay with us. Should I also abuse her back or suffer in silence?
A.Dear C;ient,
Mental 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. Mental cruelty is a course of conduct on the part of one spouse that can endanger 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 continue the marital relationship. A few illustrations of mental cruelty 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. Either of the spouses can seek the decree of divorce on the grounds of cruelty that is to say the ground is available for both husband and wife and both can file a case against the other. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence. You may consult with an Advocate on the issue for guidance and steps. In case you need any assistance in this regard, you may contact our legal team with details of your case.
Mental 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. Mental cruelty is a course of conduct on the part of one spouse that can endanger 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 continue the marital relationship. A few illustrations of mental cruelty 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. Either of the spouses can seek the decree of divorce on the grounds of cruelty that is to say the ground is available for both husband and wife and both can file a case against the other. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence. You may consult with an Advocate on the issue for guidance and steps. In case you need any assistance in this regard, you may contact our legal team with details of your case.
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A.Dear Client,
Abusing your spouse back is not a constructive or legal solution, and it can escalate the situation further. Start keeping a record of any abusive incidents, including dates, times, locations, and descriptions of what occurred. If possible, gather any evidence such as text messages, emails, or photographs that may support your claims. If the abuse continues and you feel threatened, you can consider filing a First Information Report (FIR) with the local police. They can investigate the matter and take appropriate action. In extreme cases, you may seek a restraining order against your spouse to ensure your safety. Consult your lawyer for guidance on this matter.
Abusing your spouse back is not a constructive or legal solution, and it can escalate the situation further. Start keeping a record of any abusive incidents, including dates, times, locations, and descriptions of what occurred. If possible, gather any evidence such as text messages, emails, or photographs that may support your claims. If the abuse continues and you feel threatened, you can consider filing a First Information Report (FIR) with the local police. They can investigate the matter and take appropriate action. In extreme cases, you may seek a restraining order against your spouse to ensure your safety. Consult your lawyer for guidance on this matter.
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