Legal Question in Family Law in India

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You may seek divorce from your wife on the basis of cruelty.

Hindu Marriage Act, 1955, Sec.13 (1) (ia) deals with the cruelty as a ground for divorce. The said provision does not define cruelty. The cruelty may be mental or physical, intentional or unintentional. If it is physical, the court will have no problem to determine it. It is a question of fact and degree. If it is mental, the problem presents difficulty.

What is cruelty in one case may not amount to cruelty in another case and it has to be determined in each case keeping in view the facts and circumstances of that case. What constitutes mental cruelty for the purposes of section 13 (1) (ia) will not depend upon the numerical count of such incident or only on the continuous course of such conduct but one has to really go by the intensity, gravity and stigmatic impact of it when meted out even once and the deleterious effect of it on the mental attitude necessary for maintaining a conductive matrimonial home.

The Supreme Court in a 2011 case stated that a person will be able to get a divorce decree if other spouse is threatening former of committing suicide. The Supreme Court stated that- �It is well settled that giving repeated threats to commit suicide amounts to cruelty. When such a thing is repeated in the form of sign or gesture, no spouse can live peacefully.� If you are able to place adequate materials to show that your wife gives you repeated threats to commit suicide and has even attempted to commit suicide, the Court may on the basis of evidences put forth by you grant a decree for divorce.

Cruelty, as interpreted by the Court means, a treatment of a spouse with such cruelty as to create reasonable apprehension in the other spouse�s mind that it would be harmful or injurious for him/her to live with the other party. The act of the spouse should be of such magnitude or quality and consequence as to cause pain, agony and suffering to the other spouse which amounts to cruelty in matrimonial law. Consequently, you may apply for divorce on the basis of mental cruelty.

You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

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