Divorce is a legal process that dissolves a marriage and allows both parties to go their separate ways. In Hindu marriages, a divorce petition can be filed by either spouse on various grounds, including cruelty. In this essay, we will explore the concept of cruelty as a grounds for divorce in Hindu marriages and the legal process involved in obtaining a divorce on these grounds.
In Hindu law, cruelty is defined as any act that causes physical or mental suffering to the spouse. This can include physical abuse, verbal abuse, or any other behavior that causes harm or distress to the spouse. A spouse can file a divorce petition on the grounds of cruelty if they have suffered physical, emotional, or mental abuse at the hands of their partner.
To obtain a divorce on the grounds of cruelty, the spouse seeking the divorce must present evidence to support their claim. This can include testimony from witnesses, medical reports, and other documentation that supports the claim of cruelty. The court will consider all of the evidence presented and make a determination on whether or not the spouse seeking the divorce has suffered cruelty at the hands of their partner.
If the court finds that the spouse seeking the divorce has indeed suffered cruelty, the divorce will be granted. The spouse will be required to pay any outstanding debts and divide any joint assets in accordance with the terms of the divorce settlement. If children are involved, the court will also make a determination on child custody and support.
It is important to note that the process of obtaining a divorce on the grounds of cruelty can be emotionally and financially draining for both parties. It is therefore advisable for couples to consider alternative dispute resolution methods, such as mediation or counseling, in an effort to resolve their differences and avoid the need for a divorce.
In conclusion, divorce on the grounds of cruelty is a legal option available to Hindu spouses who have suffered physical or mental abuse at the hands of their partner. While the process of obtaining a divorce can be challenging, it can also provide a sense of relief and closure for those who have suffered in an abusive relationship.
Man granted divorce on grounds of cruelty
The Petitioner therefore prays: · That this Honorable Court be pleased to decree a dissolution of the said marriage between the Petitioner and the Respondent; · That the Petitioner be granted alimony Rs. The various baseless allegations made in the written statement filed in matrimonial proceedings would certainly constitute acts of mental cruelty as seen from the number of decisions of the Supreme Court and High Courts supra. No doubt we the women of this century do not believe in such a concept anymore but there are people especially the women who still think their survival is difficult without a spouse. However, the Court also held that the courts should decide the case on grounds of cruelty only based upon the subject matter of the case. During this period, the appellant threatened the respondent on or around 15-2-1981 in the presence of his brother-in-law that because the respondent had told the matter about her love sign of male child with somebody to his sister and brother-in-law she would forcibly take the two children and get them killed by rail and would also herself do so which also caused great mental pain and agony. In India, the law governing divorce is the Hindu Marriage Act, 1955, which applies to Hindus, Buddhists, Jains, and Sikhs.
Divorce petition by husband
This can be confusing and distressing for them and may have long-term negative effects on their emotional well-being. It is also stated by P. PRESUMPTION OF DEATH- Section 13 1 vii If a person has not been heard of as being alive for at least seven years, by those persons who would naturally have heard of it, had that party not been alive, this is a legal presumption of death. This naturally caused pain and agony in the mind of the respondent. On the side of the respondent, four witnesses were examined and as many as fifty documents were marked. Sarla Kohli, 2 1966 DLT 343, It was held by a learned Judge of this Court that baseless allegations of unchastity and adultery by the husband against the wife amounts to crueltv and if such allegations are made it will be harmful and injurious for the spouse to live with the spouse making such allegations. Various grounds of divorce are mentioned under GROUNDS OF DIVORCE 1.
Husband’s Petition for Divorce on Ground of Wife’s Cruelty
After giving my careful consideration to the facts of the case and the material placed on record, I am of the opinion that the respondent has not been able to prove the allegations of the appellant having said anything about the love sign or Malu Mai Jain, the incident of festival sakat in January, 1981 and regarding the killing of the children and committing suicide. However, cruelty can take many forms does not have to include physical violence. After considering the entire evidence on record, the learned trial Judge came to the conclusion that the appellant was not worthy of being believed, particularly, in view of the fact that she had been contradicting herself in the pleadings and in her statement and thereby allowed the petition and dissolved the marriage by a decree of divorce. If one of the spouses does not appear, the court may proceed with the divorce proceedings in their absence. It had irretrievably broken down. Venkatesan Advocate, Chennai As per your concerned matter, let me inform you that the Delhi High Court has ruled that false allegation of impotency against the husband made before the court during divorce proceedings amounts to cruelty by the wife under the Hindu Marriage Act.
Divorce Under Ground of Cruelty and Its Drafting by Shalini Vasishtha :: SSRN
However cruelty is legally defined in law. Before the Family Court, four witnesses were examined on behalf of the appellant and in addition, six documents were marked as documentary evidence. The divorce process in India involves filing a petition in the appropriate court, serving summons on the other spouse, presenting evidence, and obtaining a decree of divorce. Therefore, evidence showing that the spouses led a normal sexual life even after a series of acts of cruelty by one spouse is proof that the other spouse condoned that cruelty. Cruelty can be both physical and mental. It is true that the parties have not lived together since 1969 and the marriage itself has gone to rocks and there is absolutely no hope of its revival. Any physical violence, bodily injuries, the threat to life, limb and health apparently causing apprehension in the mind of the woman would constitute physical cruelty on the spouse.
