Benefits for Live in Relationship for Women

A man and woman not married, but having live-in relationship is enough for the Woman is entitled to maintenance under Protection of Women from Domestic Violence Act. But merely living a live-in relationship is not entitled for maintenance. The women has to show that though there was no marriage but relationship was in the nature of marriage. Having sexual relationship with a women frequently is not a live-in relationship. It is a nature of living as a husband and wife without undergoing a marriage.

"Relationship in the nature of marriage" must fulfill the following ingredients :-
(a) The couple must hold themselves out to society as being akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.
(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.
(e) The parties must have lived together in a 'shared household' as defined in Section 2(s) of the Act - Merely spending weekends together or a one night stand would not make it a 'domestic relationship'.
(f) If a man has a 'keep' whom he maintains financially and uses mainly for sexual purpose and/or as a servant it would not, be a relationship in the nature of marriage.
A legally wedded wife or divorced wife can claim maintenance from husband under Section 125 of Criminal Procedure Code. A women who was in live-in relationship with man but not legally wedded is not entitled to claim maintenance under Section 125 of Criminal Procedure Code. However if such a women proves that she was in domestic relationship with the man in the nature marriage would be entitled to claim maintenance under Section 20(3) of Protection of Domestic Violence At, 2005. The supreme court of India has also confirm this proposition in Velusamy Vs Patchaiammal case. This is a progressive judgment and a great boon to the suppressed women.

Article by K.P.Satish Kumar M.L.
Advocate Madras High Court
our Book Men and Women Physical Relationships - Its Legalities
is now available at MULTI PURPOSE SHOP at Chennai Central Sub Urban Railway Station.

திருமணம் பதிவு செய்யாவிட்டால் விவாகரத்தை பதிவு செய்ய வேண்டுமா?

இந்து திருமண சட்டத்தின் 13 வது பிரிவின் கீழ் நீங்கள் விவாகரத்து செய்யலாம்.
உங்கள் கணவர் விவாகரத்துக்கு ஒப்புக்கொள்கிறீர்கள் என்றால், உங்களிடம் ஒரு விருப்பம் பரஸ்பர ஒப்புதல் மூலம் விவாகரத்து செய்யப்படுகிறது. இந்த நன்மை நீங்கள் இருவரும் விவாகரத்து விதிமுறைகள் மற்றும் நிபந்தனைகளை ஏற்று கொள்ள முடியும் மற்றும் 6 மாதங்களுக்குள் விவாகரத்து.
மாவட்ட நீதிமன்றத்தில் விவாகரத்து ஆணையை ஒரு ஆண்டு அல்லது அதற்கு மேலாக தனித்தனியாக வாழ்ந்து வந்திருக்கின்ற காரணத்தினால், அவர்கள் வாழமுடியாத காரணத்தினால், கட்சிகள் கூட்டாக சேர்ந்து திருமணத்தை கலைக்கலாம் என்று பிரிவு 13 பி பிரிவு கூறுகிறது. திருமணமும் கலைக்கப்பட வேண்டும் என்று அவர்கள் இருவரும் ஒப்புக்கொண்டார்கள்.
நீதிமன்றம் பின்னர் கட்சிகளின் கூட்டு அறிக்கையை பதிவுசெய்து, முதல் சந்திப்புக் கட்டளையை 6 மாதங்களுக்கு ஒரு முறை விவாதத்தைத் தீர்ப்பதற்கு கட்சிகளுக்கு இடமாற்ற வேண்டும், இருப்பினும், குறிப்பிட்ட காலத்திற்குள் கட்சிகள் இந்த பிரச்சினைகளை தீர்ப்பதற்கு முடியவில்லை விவாகரத்து ஒரு ஆணையை கடக்கும். எனவே, பரஸ்பர ஒப்புதல் மூலம் விவாகரத்து 6-7 மாதங்கள் எடுக்கும்.
அவர் மேலே கூறியதற்கு உடன்படவில்லை என்றால், நீங்கள் விவாகரத்து கோரிக்கையை பிரிவு 13 (1) (i) இன் கீழ் விபசாரம் மூலம் தாக்கல் செய்யலாம், ஆயினும், அவர் விபச்சாரம் செய்ததாக நிரூபிக்க வலுவான மற்றும் உறுதியான ஆதாரங்கள் தேவை.
அல்லது நீங்கள் உடல் மற்றும் மன கொடூரத்தின் அடிப்படையில் பிரிவு 13 (1) (i) கீழ் ஒரு மனுவை தாக்கல் செய்யலாம். அவர் உங்களை பற்றி தனது குடும்பத்தை பற்றி சொல்லவில்லை மற்றும் ஒரு வருடம் அவர் உங்களுடன் தங்கியிருக்கவில்லை என்ற உண்மையை நீங்கள் ஆதரிக்க முடியும்.
நீங்கள் திருமண அழைப்பிதழ் மற்றும் புகைப்படங்கள் திருமணத்தை ஆதாரம் மற்றும் விவாகரத்து பெற முடியும்.

One Hour Husband

Traditional unwelcome it, it welcomed by the unconventional. Right or wrong it is a newly growing trend in the IT corridors and newly developing suburbs. It is also an out product of the different racial and linguistic interactions in the society. Relying on other peoples husband when they are boyfriend less. We cannot claim that such person are insane to their acts, they are all well sane and clear of their relationships. Not North West with Kim Kardashian nor Brad Pitt with Angelina Jolie got promoted from one hour husband to 24 hours duty, it also sad that they were legally broken in latter days.

Today women chooses one hour husband who were legally the other women’ legal husbands. The reason not to fell in the matrimonial bondage but to reap the benefits of the matrimonial bondage except bearing children’s, some times in a longer relationships they bear children’s also for the one hour husband.

To entertain, to share meals and cocktails, to share bed, to provide the basic amenities, to share the household works, going out, sharing weekends, dropping in work place, chatting, sharing pleasures and worries, take care of vehicles, filing the loneliness etc., and extra matters.

The male counter parts feels that  the wife is chilly and the bed sharer is gilly. They feel comfortable love along with compassionate. These are the tricky relationship that can put an end at any time when one of the party feels to quit. These kind of relationships are quite common among single mom’s, widows, working women’s living separately. They feel this kind of relationship is better to them, hence they have no legalities when are departed. No alimony, No court cases, no bondages in the future and the trauma of the legal battles.

The real wife have difficulty in smelling this kind of relationship because this relationship is only for a duration of one hour in morning or in evening or at both times. When wife give troubles the husband then make themselves forward with a divorce petition in the court. Some times the husband permanently  moves towards the one hour wife. Some the female lead will stop the one hour husband relationship. If the husband fails to play in a proper manner then it may arise to complicated and complex legal problems. Indian laws gives such kind of relationship as adultery.

In such kind of situation the widows choose to travel in a legal way by putting an end to the legal relationship of the one hour husband with his first wife. In case of single mom on the comfort and social aspects they also tries to claim legal status. For others they take don’t care policy when problem arises.

Article by Advocate k.P.Satish Kumar M.L. Madras High Court.

Top divorce lawyer in Chennai

By team Daniel & Daniel

Head office : New No.99, 3^rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India

Helpline:- 9884883318

Email:- advocatechennai@gmail.com

Second Marriage Without losing Virginity

Author Advocate K.P.Satish Kumar M.L.

I didn’t lose my virginity until I was 32’ – a bold statement made by Sophie Atherton to ‘The Guardian”. Sophie Atherton is a freelance journalist who specializes in writing about women’s issues, feminism and beer. Virginity is defined by the Oxford dictionary as the state of never having had sexual intercourse. In entomology it is defined as a female insect that produces eggs without being fertilized. But it also refers to a  person who is naive, innocent, or inexperienced in a particular context. What ever it may be but the world perceives that if a girl is married then she loses his virginity. And when the marriage is broken, she is treated as the second hand goods in the marriage industry.

Here I teaches how to have a second marriage without losing virginity. A marriage will be broken down due to many unexpected encounters and the affected party tries to correct the others mistakes and waste the time in the matrimonial life. The affected party branded herself as the wife of the defected party. Few years before I met a highly religious and orthodox girl who met her husband at her first night in a fully drunken state. The marriage broken when he enters her room itself. The next morning elders decided to put an end of a 50 lakhs costly marriage in the church. The parents contacted me and I advised them to save the girl from the matrimonial tie-up without losing her virginity.

Deepak Tijori the 90s star who swim’s  in the Bollywood waters for long years obtained null and void from Shivani Tomar, a Bollywood lead after living as a husband and wife even after going a marriage ceremony 20 years before for the reason the first marriage of Shivani Tomar was still subsisting and she has not obtained divorce from her first husband and  she  has undergone a marriage ceremony with Deepak Tijori. In this marriage even both Deepak and Shivani has sexual intercourse for 20 years, the court has declared the marriage between them is null and void.

Indian court also grant the same null and void for non consumption of marriages. The question before the young couples is what is the non consumption of marriages. Both the civil laws and religious laws emphasis to put an end to an marriage when a marriage was not consummated between the parties to the marriage.

When there was no sexual intercourse between the men and women after marriage then it comes under non consumption of marriage. Few years back I met a men where he complains me that the boy friend of the bride came to the marriage place and a big quarrel took place between the bride and her boy friend in the marriage hall. Thereafter even though the marriage is performed they never lived as a husband and wife for single day. I advised them to dissolve their marriage without losing their virginity.  

Some people asked me that when a wife is using pills or any contraception to avoid comes under non consumption of marriage. Some religious doctrines accepts this ground under non consumption of marriage. All over world when a person get a null and void of his or her marriage under non consumption of marriage, it is believed and the decree has the legal sanctity that there was no sexual inter course took place under their marriage.

Even null and void has several formats but under going a second marriage without losing virginity can be obtained by the null and void decree under the ground of non consumption of marriage. Refusal or willful refusal to perform the sexual intercourse after marriage comes under non consumption of marriage. And inability to perform a sexual inter course after the marriage is also comes under the non consumption of marriage. Non consumption of marriage is not the satisfaction in the sexual inter course but the non performance of the very being of the sexual act itself.

There are many Shakespeare’s Othello who were not consummated with the Desdemona’s in the modern world. Women rose to place most of their self-esteem and identity in virginity can have a tough time. For them taking on a new role as a married woman and a new identity as a sexual human being, is difficult. Non consumption in many marriages is due to the compulsive marriages for the daughters in rare instances it may happen to sons also. Parents refusal to marry the loved ones is also a major cause for the non consumption of marriage. The failed surgeries like hymenectomy is also a reason in the medical field. Even gynecological problems also leads for non consumption of marriage. Medical grounds such as Erectile dysfunction and  Vulvodynia problems facing by females are also the common cause .Sexual dysfunctions like Vaginismus & low desire in females & Erectile Dysfunction and premature ejaculation, low desire in males are the major reasons for non consumption of marriages.

Today there are thousands of Shakespeare’s Othello’s are under going the same problems. Only thing to announce to the world is early decision to get null and void under non consumption of marriage. One intelligent move makes them to have a second marriage without losing their virginity.

Author :- K.P.Satish Kumar M.L. Advocate Madras High Court

Leading Null and void lawyer in Chennai.

By Team Daniel & Daniel

Helpline :- 9884883318

Head Office:- New No.99, 3^rd Floor, Armenian Street, Chennai-600001.

Email:- advocatechennai@gmail.com

Mere Cohabitation and living for long years with a man will not give wife status

Mere cohabitation or negotiation for marriage is not a marriage. A document will not solemnize a marriage. Marriage in accordance with the custom of the community has to been conducted, unless it is proved there is no valid form of marriage. If the marriage is not took place in accordance with the manner known to law, then no one can claim husband and wife relationship.

Registered agreement entered into between parties agreeing that they would not take another spouse and that they accepted each other as husband and wife is not a marriage. Betrothal is not a marriage.

A person cannot be said to married merely they have a long and intimate relationship between them. The parties should show some valid forms of marriage well known to law. If there is no known manner of marriage format was performed then no one can assume a marriage was performed and the parties of such function can treat as husband and wife.

When a valid marriage is not established between the parties then the parties cannot claim husband and wife status. They wont be a legal heir of the other party and no share in the property can be claimed by the other party. Long and intimate relationship only shows the live-in relationship not declares the husband and wife status.

What are the valid format of marriages?

1.A Hindu and a Christian cannot undergo a marriage ceremony under Hindu Marriage format.

2.A Hindu and a Muslim cannot undergo a marriage ceremony under Muslim law.

3. Marriage between persons belong to different religion can undergo marriage only under special marriage format, if they perform marriage under any format then it is void.

4. A persons of Hindu or Christian cannot have a valid marriage by merely signing an agreement.

5.Having a reception without any marriage ceremony is not a valid marriage.

6. Having a marriage certificate without performing marriage ceremony is not a valid marriage.

7. Merely registering a fake marriage which was not held before the marriage register and obtaining marriage certificate is not a valid marriage.

8. Any marriage which took place without the recognized customary rites and practices between Hindus, Christians and Muslims or to any other religious persons is not a valid marriage.

9.Metinoning the name in Ration card or Aadhar card or Voter Id as husband and wife is not a valid proof of Marriage.

10. Birth certificates of the children is not a valid proof of Marriage.

11. Affidavit sworn before the Notary public and commissioner of oaths is not a valid marriage.

12. A man lived as husband and wife for more than 50 years presumption they are married.

13. No strict proof of marriage is necessary to claim maintenance under 125 Cr.P.C.

Accepted form of Hindu Marriage

1.Tying of mangalliyasootara or thali around the neck of the bride by the bridegroom was an essential rite to be performed so as to constitute a valid marriage between a man and a woman 

2. Taking seven steps by the men and women surround the sacred fire constitute a valid marriage.

3. In Tamilnadu marriage between any two Hindus, whether called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnized in the presence of relatives, friends or other persons-

(a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or

(b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or

(c) by the tying of the thali. The above things constitute a valid marriage.

4. Oral evidence of co-worker of wife and landlord, both parties living together as husband and wife which is sufficient proof of marriage for the purpose of maintenance under CR.P.C.  Supreme court in Kamala case in 2018(3) DMC 694.

5. Where a man and woman are proved to have lived together as man and wife along with his father and mother, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage. 

6. The supreme court held in Tulsa case in 2008 (4) SCC 520 that under the light of the section 114 of the Evidence Act it is the Presumption of marriage that a man and woman living together for 30 years as man and wife is husband and wife

(a) Under Section 50 and 114 of Evidence Act marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a particular case.

(b) The presumption was however, rebuttable, but a heavy burden lies on the person who contends that there was no marriage.

Authour K.P.Satish Kumar M.L.
Top Divorce Lawyer in Chennai
By Team Daniel & Daniel
Helpline :- 9884883318
Head Office:- New No.99, 3rd Floor, Armenian Street, Chennai-600001
email:- matrimonialsolutions@hotmail.com

Child Custody to Grand Parents - Helpline :- 9884883318

Law permits on certain conditions the child custody to the grand parents. Being father and the mother is a natural guardian, the custody of the child remains with them. Grand parents were granted the child custody in certain circumstances and conditions.

Before granting child custody two things should be considered by the court. They are (1) Controlling consideration governing the Custody of children is the welfare of children and not the right of their Parents  as per Nil Ratan Kundu case in 2008 (9) SCC 413 (2) Paramount consideration is the welfare of the minor and not the legal right of a particular party as decided in 1993(1) RRR 413 (SC) (3) If the minor is old enough to form an intelligent preference or judgment, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor. (4) In the Nil Ratan Kundu case child was called by Supreme Court in chamber and custody given to maternal grand parents in preference to father.

On determining the child custody court may not always give custody to parents alone but in extra ordinary circumstances it may also grant custody to the grand parents. Before determining the custodial rights courts should go the following acid test.

(1) Object of Guardian and Wards Act, 1890 is not merely physical custody of the minor but due protection of the rights of ward's health, maintenance and education.

(2) Due regard has of course to be given to the right of the father as natural guardian but if the custody of the father cannot promote the welfare of the children, he may be refused such guardianship. 1973(1) SCC 840 relied.

(3) Simply because the father loves his children and is not shown to be otherwise undesirable does not necessarily lead to the conclusion that the welfare of the children would be better promoted by granting their custody to him.

(4) First and the paramount consideration is the welfare of the child and not the right of the parent. JT 2008(6) SC 634 relied.

(5)Custody of child cannot be given merely on ground of financial soundness of the party - Paramount consideration should be welfare of minor.

(6) The moral and ethical welfare of the child must also weigh with the Court as well as its physical well being.

(7) Father is natural guardian of minor, but paramount consideration is the welfare of the minor and not the legal right of a particular party.

(8) Keeping in mind the welfare of the child as the sole consideration, it would be proper to find out wishes of the child as to with whom he or she wants to live.

(9) Custody  cases cannot be decided on documents, oral evidence or precedents without reference to 'human touch' - The human touch is the primary one for the welfare of the minor since the other materials may be created either by the parties themselves or on the advice of counsel to suit their convenience. AIR 2003 Madras 315 relied.

(10) A court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents - In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child.

(11) If the minor is old enough to form an intelligent preference or judgment, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.

(12) Controlling consideration governing the custody of children is the welfare of children and not the right of their parents.

(13) One of the matters which is required to be considered by a Court of law is the 'character' of the proposed guardian.

On under going the above acid test a child custody can be given to the grand parents instead of the father.

Author K.P.Satish Kumar M.L. Advocate Madras High Court

Leading Child Custody Advocate

By Team Daniel & Daniel

Head Office :- New No.99, 3^rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.

Helpline:- 9962999008.

Can a person live together after getting divorce?

In India it became a trend that after getting a divorce order from the court, the couples are living together as husband and wife. It happens when the aggrieved parties who get an ex-parte divorce or divorce by mutual consent or even a contested divorce order after some time both the parties pacifies and continue to live as a husband and wife. Law never denies such cohabitation but they cannot claim any legal rights provided under the legislation.

In cases when at the early marriage time due to the dispute between them the parties to the marriage get divorced and in future for the welfare of children’s or on reconciliation they continue to live as husband and wife.

In some cases to obtain foreign citizenship the parties to the marriage divorce and marry a foreign citizen and after obtaining the citizenship they divorce the Foreign citizen and the husband and wife who divorce in India continues to live a life as husband and wife. It is quite common in persons who want to get a foreign job or foreign citizenship or settle in a foreign country.

In such a situation the spouses cannot claim the benefits of husband and wife relationship in any forum or in the society. Even they live as a husband and wife. The divorce order is an obstacle to them. In future if they again built a strained relationship then they cannot approach any legal forum to settle their issues. The supreme court of India in Inderjit Singh Grewal Vs State of Punjab held that when a Husband and wife obtaining divorce by mutual consent, but continued living together. And wife filed a  Complaint against husband under Domestic Violence Act. It was held that the  Complaint not maintainable as decree of divorce subsisted.

It is a settled legal proposition that where a person gets an order/office by making misrepresentation or playing fraud upon the competent authority, such order cannot be sustained in the eyes of the law as fraud unravels everything. "Equity is always known to defend the law from crafty evasions and new subtleties invented to evade law". It is a trite that "Fraud and justice never dwell together" (fraus et jus nunquam cohabitant). Fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. Fraud and deception are synonymous. "Fraud is an anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine". An act of fraud on court is always viewed seriously as in  Meghmala v. G. Narasimha Reddy

Authour K.P.Satish Kumar M.L. Advocate Madras High Court

Leading Divorce Lawyer in Chennai

By Team Daniel & Daniel

Head Office New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.

Helpline:- 9962999008.

When an Indian wife or husband can claim divorce under mental cruelty- Divorce helpline - 9962999008

No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of "mental cruelty". The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive:

(i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty.

(ii) On comprehensive appraisal of the entire matrimonial life of the parties, it becomes abundantly clear that situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party.

(iii) Mere coldness or lack of affection cannot amount to cruelty, frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.

(iv) Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty.

(v) A sustained course of abusive and humiliating treatment calculated to torture, discommode or render miserable life of the spouse.

(vi) Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse. The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty.

(vii) Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty.

(viii) The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction and emotional upset may not be a ground for grant of divorce on the ground of mental cruelty.

(ix) Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day-to-day life would not be adequate for grant of divorce on the ground of mental cruelty.

(x) The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty. The ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty.

(xi) If a husband submits himself for an operation of sterilisation without medical reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.

(xii) Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.

(xiii) Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.

(xiv) Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. In such like situations, it may lead to mental cruelty."

In the above circumstances an Indian husband or wife can apply and obtain divorce under mental cruelty.

Author K.P.Satish Kumar M.L. Advocate Madras High Court

By Team Daniel & Daniel
Head Office @ New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.

Helpline:- 9962999008

Discussing sexual relationship with others is a ground for divorce.- Divorce Helpline - 9962999008

In this modern era it is casual and usual to discussing the sexual relationship to others is quite common. The legalization of pornography in many modern countries and its easy access to every one at all age groups makes this modern trend. These things teach the inhuman behavior and extraordinary things in which human society has not perform.

This unusual trend makes the new generation to talk about the sexual relationship to third parties and even to the unknown. Due to this kind of behavior both in male females make many problems in the matrimonial life in which it was bind by the old traditions and customs.

In our country sexual relationships were considered as sacred. Even in the major religions in the world preach the sacredness  of the sexual relationship. Having sexual relationship out side the matrimonial tie up is considered as sin in Hinduism, Christianity, Muslim and in Jews.  But the modern liberation ideologies and the globalization trends had opened to discuss everything freely among the human society. This had lead thousands of divorce cases in India. Even these factors ignored in western countries but in India this affects lakhs of families even the filing of divorce is in thousands.

The Indian courts are granting divorce when wife or husband is discussing their sexual relationship with friends, staffs, family members and neighbors. This should be proved before the court by material evidence or oral evidence. Even wife discussing that she is interested in lesbian activity and not in sexual relationship is also amounts to cruelty. If the husband and wife are in good relationship and doesn’t cares that the spouse telling their sexual stories not amount to cruelty. But if the husband or wife is affected such kind of activity is cruelty and divorce can be granted on this ground.

Author  K.P.Satish Kumar M.L. Advocate Madras High Court

Top Divorce Lawyer in Chennai

By Team Daniel & DanielHead Office @ New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.
Helpline:- 9962999008

Single incident doesn't fall under cruelty ground for divorce - Divorce Helpline - 9962999008

The couples got married on 10.11.2010 according to Hindu religious rites and customs. At the time of marriage, the wife was employed as an Assistant in the State Bank of India, Madras and the husband was also employed in IT sector, The husband has got deformity with his legs due to polio attack. He cannot walk fast and freely. Knowing fully well about his health the wife married him. After marriage, the wife started to ill-treat the husband and abuse the husband by saying all sorts of derogatory remarks about his deformity and the wife also called the husband as a limp. On 1.1.2012, when the husband went to the office of the wife to pick up her while returning home, she objected to that saying that she did not like him and she did not like to go with a limp person in public and the wife ill-treated the husband with all contempt and disrespect. On 5.5.2012, she openly declared that she did not want to live with the husband any more and she is prepared to get divorce from the husband and wanted to marry her family friend by name Narayanan who had been employed with her for more than seven years. This art of the wife caused mental cruelty to the husband and he is put to great mental agony. On account of this cruelty, the husband lost peace of mind and also his health was affected. On 8.1.1992 when the husband went to the wife's parent's house along with the wife, the wife did not allow him to stay there and on one occasion, the husband was waiting in the Annanagar bus stand for the PTC bus and to his shock and surprise, the husband saw the wife going to hospital along with Narayanan in his cycle and immediately, the husband returned to the wife's house and questioned about the act of the wife with her parents and they also replied that the wife is not interested in living with him and she is interested in leading life with Narayanan. On 7.5.2012, when the wife went to ESI Hospital along with Narayanan in a bicycle the husband met the wife and questioned about her act and she told that she has got relationship with Narayanan for seven years and she created a big scene in the public road. The child is also not properly maintained by the wife and it is in the custody of the wife. So, the husband sought for divorce and custody of the minor child.

In this case cruelty has to be necessarily proved by the husband by establishing cruelty on the part of the wife adversely affecting the petitioner. Except the one incident that the respondent went in the cycle along with Narayanan, there is no other activities available in this case to substantiate the allegation of the husband that the wife was having illicit intimacy with the said Narayanan. The fact that the said Narayanan is a family friend of the wife’s family and who was also helping the wife’s  father in many ways and especially during the marriage time of the wife goes to establish that Narayanan took the respondent to hospital as she was not well. From that solitary incident alone, it cannot be concluded that the respondent was having illicit intimacy with Narayanan That solitary ground alone will not constitute cruelty on the part of the respondent and that cannot be a firm ground for passing a decree for divorce.  The court in this matter has considered view that the isolated incident cannot form a ground for passing a decree for divorce and the decree for divorce is not liable to be sustained .

An isolated or single act is not amounts to cruelty. Law emphasis continues activity of cruelty

Authour K.P.Satish Kumar M.L. Advocate High Court Chennai

Leading Divorce Lawyer

Team Daniel & Daniel
Head Office @ New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.

Helpline:- 9962999008

Can Indian courts can decide the Child custody of a Foreign National child

The Supreme court of India has decided in Arathi Bandi case that Indian court should not interfere or set-aside the foreign court decree on the on the ground that USA law was inconsistent with Indian Law. In a peculiar case where husband and wife acquired USA citizenship and married in USA according to Hindu rites and customs. And they also obtained divorce according to US laws in US Courts. Husband has obtained child custody in US courts. On arriving India the Indian police took the child from the father and handed over to the mother. Supreme court strictly ask the mother to return the child and to obey the US court order.

Indian courts now settled the proposition of law in child custody as (i) A parent doing wrong by removing children out of the country does not gain any advantage by his or her wrongdoing.

(ii) Contention that the American court, which passed the order/decree has no jurisdiction and being inconsistent in Indian Laws can not be executed in India - Contention not tenable.

(iii) Husband to make necessary travel arrangements for stay of wife and child according to her status prior to dissolution marriage.

In the custody of child Welfare of child is to be the paramount consideration - Even if at an earlier stage by way of summary proceedings under the Act custody was given to one of the spouses by the court but at the time of subsequent proceedings for permanent custody of the child, the child was in the custody of the other spouse against the orders of the summary court, the family court will proceed as if the child was in legal and proper custody and whether in taking away the child from such custody will be in favour of happiness and welfare of the child - Removal of the child from its native land to another country where his native language is not spoken, child being divorced from the social customs and contacts to which he has been accustomed, interruption in his education are some acts which could psychologically disturb the child.

Author K.P.Satish Kumar M.L. Advocate Madras High Court

Team Daniel & Daniel
Head Office @ New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.

Helpline: 9962999008

The Procedure for Divorce to husband when wife makes allegations against the husband affair life

When the husband is living extra- martial affair with the staff, for adultery the wife have to prove the adulteress relationship with another women. But for cruelty the strained relationship caused by the husband in leading a affair with the staff is enough.

In extra – ordinary cases the wives suspect the husband having relationship with their own sister or mother or with the relative of the husband are covered under cruelty done by the wife. These are the psychic attitude  of the wives. If a wife file divorce on this grounds it some times put a U-turn and may help husband to get divorce on cruelty grounds or for the dismissal of the divorce petition, when the wife fails to prove with strong evidence before the court.

When the wife engaged detective agents to spy and monitor the husband day-to-day activities, which caused mental agony and distress to the husband and the husband privacy was unnecessarily disturbed due to the wife cheap attitude. The court consider this as the mental cruelty caused by the wife.

The wife allegations of husbands adulterous or affair life will fall under Adultery coupled with Mental cruelty. Cruelty is not defined under the marriage laws in India. But the Court has certain guidelines to determine the mental cruelty for the suspicious life of the husband character by the wife.

The general rule in all cases of cruelty is that the entire matrimonial relationship must be considered, and that rule is of special value when the cruelty consists not of violent acts but of injurious reproaches, complaints, accusations or taunts. In cases where no violence is averred, it is undesirable to consider judicial pronouncements with a view to creating certain categories of acts or conduct as having or lacking the nature or quality which renders them capable or incapable in all circumstances of amounting to cruelty; for it is the effect of the conduct rather than its nature which is of paramount importance in assessing a complaint of cruelty. Whether one spouse has been guilty of cruelty to the other is essentially a question of fact and previously decided cases have little, if any, value. The court should bear in mind the physical and mental condition of the parties as well as their social status, and should consider the impact of the personality and conduct of one spouse on the mind of the other, weighing all incidents and quarrels between the spouses from that point of view; further, the conduct alleged must be examined in the light of the complainant's capacity for endurance and the extent to which that capacity is known to the other spouse. Malevolent intention is not essential to cruelty but it is an important element where it exists.

The concept of legal cruelty changes according to the changes and advancement of social concept and standards of living. With the advancement of our social conceptions, this feature has obtained legislative recognition, that a second marriage is a sufficient ground for separate residence and maintenance. Moreover, to establish legal cruelty, it is not necessary that physical violence should be used. Continuous ill-treatment, cessation of marital intercourse, studied neglect, indifference on the part of the husband, and an assertion on the part of the wife that the husband is unchaste are all factors which lead to mental or legal cruelty.

The husband can file his case for divorce when the wife alleges that husband is leading a immoral life or having affair or suspecting the character of the husband or alleging illicit contacts with the staff’s in the working place or spreading news that among friends and neighbours that the husband have illicit relationships. The divorce petition can be filed at the place where marriage took place or where the husband and wife lastly resided together or at the place of wife.

Author K.P.Satish Kumar., Advocate Madras High Court

Top divorce Lawyer in Chennai.

By Team Daniel & Daniel

Attorneys & Solicitors
Head Office @ New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.

Helpline:- 9962999008. Email:- advocatechennai@gmail.com