Personal Remarks by In laws on Daughter in law
3 months ago
Can personal remarks made by in laws on their daughter in law with respect to her food habits, dressing, liking for finer things and brands, comparisons with other daughter in laws qualify as a verbal abuse and can it stand in court without DV?
my parents accidentally told to some of the neighbours and friends that she has had miscarriage/abortion especially when there was none. Can this be a serious concern for court?
A.Dear client,
One may file a petition for divorce on the basis of cruelty. Cruelty is not clearly defined, but it may be considered as creating apprehension in the mind of the wife.Cruelty is broadly defined as any conduct that would cause reasonable apprehension in the mind of the petitioner that it is harmful or injurious to live with the spouse. Cruelty is also inclusive of mental and physical cruelty. Various HC has held that abusing someone mentally would qualify as mental cruelty.
If there has been serious allegations by your wife over the matter of divorce, the personal remarks would be deemed as an aggravating factor to add her case.
Thank you
One may file a petition for divorce on the basis of cruelty. Cruelty is not clearly defined, but it may be considered as creating apprehension in the mind of the wife.Cruelty is broadly defined as any conduct that would cause reasonable apprehension in the mind of the petitioner that it is harmful or injurious to live with the spouse. Cruelty is also inclusive of mental and physical cruelty. Various HC has held that abusing someone mentally would qualify as mental cruelty.
If there has been serious allegations by your wife over the matter of divorce, the personal remarks would be deemed as an aggravating factor to add her case.
Thank you
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A.Dear Client,
If the persona remarks of inlaws toward their daughter-in-law make her upset and become a cause of mental harassment and cruelty, then she may file a divorce petition against her husband under Sec.13 of the Hindu Marriage Act, 1955 claiming a hefty amount of maintenance or alimony. 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. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence to prove his or her claim. If you feel your relationship with your husband or his family members is toxic and not adjustable post-marriage. If there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
If the persona remarks of inlaws toward their daughter-in-law make her upset and become a cause of mental harassment and cruelty, then she may file a divorce petition against her husband under Sec.13 of the Hindu Marriage Act, 1955 claiming a hefty amount of maintenance or alimony. 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. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence to prove his or her claim. If you feel your relationship with your husband or his family members is toxic and not adjustable post-marriage. If there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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