Thursday, April 14, 2016

Divorce grounds for Cruelty before Chennai Family Court

The Behavior which causes physical or mental harm to the spouse which is difficult to tolerate the other person beyond their patient level and expectations is yard stick to measure the grounds for cruelty.  

Mostly cruelty happens within four walls and it is hard to prove due to lack of evidence. So in this circumstances the genuine sufferer will get injustice.

The Indian courts has categorized cruelty as follows:-  

1. Act of the wife not allowing her husband to live in matrimonial home constitutes both mental and physical cruelty.

2. Where the husband remained unemployed during his stay with his wife and started spending money on liquor indiscriminately, used to come home late at night, gave physical beatings as well as mentally tortured the wife and also demanded share in his wife’s flat.

3. Threatening the husband that she would commit suicide, persuaded husband to leave his parents, filed false case under section 498A of the IPC and also dowry case against husband and his family members.    

4. Conduct of the husband of continues abusing and ugly and foul language and also alleging the wife of having an extra-marital relationship without any good reason will make the relation between the parties a soured relation and as such the parties cannot be expected to live together.

5. Verbal abuses and insults by using foul and abusive language, disturbing mental peace and every conduct which causes a mental tension as to affect the health or likely to affect the health of the other spouse will be considered as cruelty.

6. A spouse staying away can cause mental cruelty to the other spouse by sending vulgar and defamatory letters or notices or filing false complaints containing indecent allegations or by initiating number of judicial proceedings making the others spouse’s life miserable.

7. Culture, human value, economic and social conditions will be an important factor in deciding the allegations made in the cruelty.

8. Lack of mutual trust, confidence, faith and having doubt on each other whenever the other spouse fails to answer the call and making remarks on her character will amount to cruelty, rupturing the matrimonial relation and the other spouse cannot be expected to stay in that environment.

9. Where the husband is lethargic, does  not work, is parasitical, selfish or callous provides no money for the household or refuses to undertake payment to meet the household expenses, the wife cannot be expected to stay with the husband.

10. Spouses not behaving in a respectful and cordial manner with the parents of each other would be considered as cruelty.

11. Constant insults, abuses and accusations of adulterous character which make the married life impossible to be endured, constitute mental cruelty of a kind worse than physical violence.     

Above mentioned are just the glimpse of the cases in which the Indian Courts have held the have the cruelty being committed by one spouse towards to the other and the courts cannot expect the other spouse to stay in that house wherein he/she has lost their most cherished fundamental right of life with respect and dignity. The Idea of bringing the cruelty as a ground for divorce is to maintain the self respect and dignity of the spouses living under the same roof and who have decided to stay together for their life in all good and bad times.

Last but not the least is that whenever the spouses comes before the court of law to file their cases with the weak evidence or lack of evidence, the cases end up in dismissal and harassment, but after the amendment of the Information Act, 2009 any spouse can keep a audio or video recording, messages etc. to be used in the court of law to ensure the spouse who committed the cruelty.

Article by Advocate Mrs.Bobby Portia Alex ( Leading Lady Lawyer in Chennai)

Those who are affected by cruelty can Talk to the Top Lady Divorce Lawyer in Chennai @ 9551716256

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