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Mentally tortured husbands can appeal for granting...

In one particular case, the division bench permitted an appeal for granting a divorce decree in favor of the appealing husband for being tortured by the wife. The appellate judge may question the legality, validity and the propriety of the trial court’s judgment in which it had canceled the suit of the appellant or plaintiff for granting divorce decree of behavior torture and abandonment.Submissions by the AppellantThe appellant-husband may submit that the wife who is the respondent was disrespectful towards his parents and told his mother that meals were to be prepared according to what's on her menu. Another declaration of the appellant could be that the wife of the Respondent had reverted to her parental home within days of marriage and upon repeated requests of her in-laws reverted to her in-laws and that’s when she began cajoling the appellant to live apart.The appellant may state that even after having accepted all her demands, both her attitude and behavior remained unchanged. Matters worsen if the complaint filed by her turns out to be fake; a case in point would be a demand of dowry which, if not met would be the cause of her reverting to her parental home for good never to return to her appellant husband’s house ever again. Hence, in view of the prevailing circumstances, the plaintiff/appellant is likely to seek an of divorce decree on the plea of mental torture and abandonment. The wife of the respondent may deny all allegations and as a matter of fact, plead that she was tortured, the streedhan properties were retained by her in-laws and that the appellant accosted her with threats of divorcing her and remarrying. Besides, she may unequivocally mention her willingness to joining the appellant’s company.ObservationBy perusing the pleadings and depositions, it may turn out that the appellant’s allegations were according to what the depositions of the respondent, his parents, and other relatives were in a fake criminal case for an offense under Sections 498-A and 323 of Penal Code, 1860.An acquittal under Sections 498-A/34 and 323 IPC of the indicted person by the trial judge in regards to the levied charges. Furthermore, it was later noted that the respondent-wife did mention that she was a victim of crass and obscene behavior by both the appellant and the members of his family As and when the respondent-wife is examined, one question, in particular, is asked to the respondent and that is whether the respondent is eager and willing to live together with the appellant. If the answer is a resounding No then clearly the respondent’s allegations were falseand besides, if she was unwilling to live together with the appellant then her very own pleadings are suspect. UpheldIt was upheld that if the wife made any scandalous, vulgar and defamatory statements implicating the appellant’s family members it may cause mental torture to the husband. Besides, it was stated that if the wife fails to provide evidence supporting her unfounded, indecent and defamatory allegations then it would all be the causes of mental torture to the husband.Therefore, if the respondent-wife is unable to prove her scandalous and indecent allegations against the husband’s family and in addition if there is any demand for dowry then it would be a false claim causing mental agony to the husband. Therefore, the appeal for granting the divorce decree favoring the appellant for the dissolution of the marriage among the parties would be permitted.Call 7604047601 for consultation with registered expert divorce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

15 hours ago

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Landlord and tenant should know about the nitty-gr...

Presumably the Model Tenancy Act, 2019 vis-à-vis rental housing will aid in the transformation of the legal perspective in its entirety throughout India and may also encourage private participation in this sector.The newest draft Model Tenancy Act, 2019 is empowered in limiting security deposits for housing at two months’ rental and for other properties one months' rent.In order to ensure that the rights and interests of both landlords and tenants are balanced and also ensure that there is adequate rental housing in India, the Ministry of Housing and Urban Affairs has formulated the Model Tenancy Act, 2019. The Finance Minister alluded to the fact that promoting rental housing on the part of the government would necessitate several reform initiatives including the finalization of a Model Tenancy Law replacing the archaic current Rental Laws that do not throw light on the linkage among the Lessor and the Lessee in a realistic and fair manner.The conviction of the government is that the Draft MTA will work as a catalyst vis-à-vis revamping rental housing and the relative legal backbone throughout India and may encourage the segment’s private participation. Needless to mention that experts in the industry along with developers have a preference for the Act.The government is ultimately responding adequately in revamping the archaic laws which were outstanding for a long time. At a time when there is a shortfall in affordable housing, rental housing potentially can contribute to the Government’s aim in making Housing for All come to fruition within two to three years at the most.  Vacant housing is because of dark property rights and inept implementation of rental contract laws, which this Act aims at addressing. The10 things regarding the Model Act which all landlords and tenants ought to be aware of are:1. The new draft Model Tenancy Act, 2019 aims at capping security deposits at two months’ rental in the case of housing and one month’s rental for any other property. Nonetheless, however well-intended, this ceiling may harm landlords particularly in cities where typically hefty security deposits are the norm. A security deposit of two-month would be insufficient for compensating the landlord if the property has been damaged majorly.2. Under The Act, recalcitrant tenants are penalized for declining to move out of their rental properties after the expiry of the rental period. In such a situation the landlord would be able to claim compensation which would be double the monthly rent for two months and four times the monthly rent thereafter. Property owners fearing tenants staying put in their properties which is deemed risky to let out their properties can now breath easy because of the Act.3. The Act specifically mentions that the landlord cannot deny a tenant essential utilities and accessing common facilities which have been the tenant’s common grouse in the past.   4. The landlord cannot increase the rental without notice of at least three months to the tenant, and also is not permitted to increase rent midway through a rental term.5. Once this Model Act becomes effective, letting would cease and on the flip side taking on rent any premises except by an agreement in writing.6. In no later than 2 months of the performance of the rental agreement, it would be compulsory for landlords and tenants alike to inform the Rent Authority about the tenancy agreement. Within a week the Rental Authority would roll out a unique identification number to both parties.7. Once the Model Act commences, a tenant without the prior written consent of the landowner would be constrained subletting the entire or part of the premises occupied by him, or optionally transfer or assign tenancy agreement rights wholly or partly. 8. The landlord-tenant agreement terms would devolve to their successors who would have equal rights and obligations according to the tenancy agreement, for the unused tenancy period.9. It ought to be noted that there would not be any impact or effect on current tenancies as the Draft Model Tenancy Act would be effective prospectively.Industry experts, nonetheless, fear that similar to RERA, the rules of the rental Act rules are prone to be convoluted at the state level as land is basically a state subject.Call 7604047601 for consultation with the registered expert landlord and tenant lawyers on Vidhikarya.

Posted By

Avik Chakravorty

2 days ago

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Find the Best Trust and Society NGO Lawyers in Mumbai

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Dharmendra Damani

Partner, Damani & Damani
Exp
Mumbai suburban , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Property
  • Financial Markets And Services
  • Landlord And Tenant
  • Power Of Attorney
Expertise with over 40 years of experience in all kinds of Property, Financial & Family dispute matters. Handling several matters across Supreme Court of India, Bombay High Court, Debt Recovery tribunals, City Civil Court, Session Court, Small Causes Court, Consumer forum, Metropolitan Magistrate's View Full Profile
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Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Real Estate
  • Property
  • Human Rights
  • Sexual Harassment At Workplace
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile
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S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Administrative Law
  • Consumer Protection
  • Commercial
  • Landlord And Tenant
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bombay High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throughout and out of the Maharashtra for last 4 Years. View Full Profile
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Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
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Ramalingaiah Mulakatte

Senior Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Arbitration and Mediation
  • Consumer Protection
  • Civil
  • Cheque Bounce
Advocate/Senior legal adviser/Legal Counsel handling all types of legal matters both litigation and non-litigation and corporate legal adviser View Full Profile
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ANSUL BHUTA

ADVOCATE
Exp
Mumbai City , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Commercial
  • Cheque Bounce
  • Arbitration and Mediation
  • Bankruptcy and Debt
I am an Advocate practicing since 2 years in Civil Law. My specialities include Recovery Matters, DRT Matters, 138 Matters, Arbitrations, Family Disputes, NCLT, Corporate Affairs Testamentary, Documentations, etc. I am associated with Bhuta & Associates, Law Firm Mumbai. View Full Profile
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Neville Fulwadiwala

Legal Head
Exp
Mumbai City , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Civil
  • Criminal
  • Landlord And Tenant
  • Power Of Attorney
Ten years litigation practice with Associates working in the field of Civil Law, Criminal law, Family Law, Real Estate Agreements and Contracts, Arbitrations and disposing pending matters speedily in the High Court and Supreme Court of India View Full Profile
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Ranjita Agrawal

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Contracts and Agreements
  • Sale
  • Sale of Goods
  • Tax- Property Tax
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Shekhar Bhise

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Election Campaign And Political Laws
  • Landlord And Tenant
  • Police Laws
  • Power Of Attorney
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Digajmaan Ghanshyam Mishra

Advocate - Litigation Counsel
Exp
Mumbai City , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Admiralty and Maritime
  • Administrative Law
  • Commercial
  • Intellectual Property
Digajmaan - argues as Counsel & gives advice in Commercial, Civil / Criminal Litigation, Arbitration, Maritime, Start-ups, Intellectual Property Rights, Consumer, Matrimonial & other matters. He is on-board for many Corporates, being Associate Partner of Hammurabi & Solomon, Mumbai. View Full Profile
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