{"id":3306,"date":"2014-10-20T11:03:00","date_gmt":"2014-10-20T11:03:00","guid":{"rendered":"http:\/\/www.wakilsahab.in\/news\/what-amounts-to-cruelty-against-husband\/"},"modified":"2014-10-20T11:03:00","modified_gmt":"2014-10-20T11:03:00","slug":"what-amounts-to-cruelty-against-husband","status":"publish","type":"post","link":"https:\/\/www.wakilsahab.in\/news\/what-amounts-to-cruelty-against-husband\/","title":{"rendered":"What amounts to cruelty against husband?"},"content":{"rendered":"
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Though it is the duty of the court to decide the case based on facts and circumstances but what amounts to cruelty is an important aspect as misuse of Laws by the wife against husband in society is growing day by day and most apparently some Indian Urban educated women have turned the tables and are using these laws as weapon to unleash personal vendetta on their husbands and innocent relatives and there are certain grounds on which cruelty against husband can be proved:-<\/div>\n

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\u2022 Misuse of Dowry Laws, Domestic Violence Act and \u2018Sec: 498-A\u2019 of IPC by wife against husband and in-laws of husband through lodging false complaints.<\/strong><\/div>\n

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\u2022 Desertion by wife which means wife deliberately intending for separation and to bring cohabitation permanently to an end.<\/strong><\/div>\n

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\u2022 Adultery by the wife means wife having s*xual relationship with some other person during the lifetime of marriage and there must be strict law to punish wife who has committed adultery.<\/strong><\/div>\n

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\u2022 Wife opting out for second marriage without applying for the divorce proceedings.<\/strong><\/div>\n

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\u2022 Threatening to leave husband\u2019s home and threat to commit suicide by the wife.<\/strong><\/div>\n

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\u2022 Cruel behavior of wife where wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mangalsutra in the presence of husband\u2019s relatives.<\/strong><\/div>\n

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\u2022 Abusing and accusing husband by way of insulting in presence of in-laws and in some cases wife abusing husband in front of office staff members.<\/strong><\/div>\n

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\u2022 Wife refusing to have s*x with husband without any sufficient reasons which can be considered as a ground of cruelty and husband can file a divorce petition.<\/strong><\/div>\n

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\u2022 Lowering reputation of the husband by using derogatory words in presence of family members and elders.<\/strong><\/div>\n

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\u2022 Lodging FIR against husband and in-laws which has later proved as false report.<\/strong><\/div>\n

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\u2022 Conduct and misbehavior of the wife against husband i.e. pressuring husband to leave his home, insisting for the separate residence, mentally torture and disrespectful behavior towards husband and in-laws as well.<\/strong><\/div>\n

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\u2022 Some other grounds of cruelty i.e. mental disorder and unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife suffering from the filarial.<\/strong><\/div>\n

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\u2022 Extra-marital affairs of wife can also be a ground of cruelty against the husband.<\/strong><\/div>\n

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\u2022 Initiating criminal proceedings against husband and in-laws of husband with mala-fide intention by the wife.<\/strong><\/div>\n
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CASE LAWS: situations in Hindu marriage where a wife was held as \u2018cruel\u2019 to the husband and the Hindu divorce law was applied by the Supreme Court:<\/strong><\/div>\n
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I. Mrs. Deepalakshmi Saehia Zingade v\/s Sachi Rameshrao Zingade (AIR 2010 Bom 16)<\/strong><\/span><\/div>\n
In this case petitioner\/wife filed a false case against her husband on the ground of \u2018Husband Having Girl Friend\u2019 which is proved as false in a court of law so it can be considered as cruelty against husband.<\/div>\n
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II. Anil Bharadwaj v Nimlesh Bharadwaj (AIR 1987 Del 111)<\/strong><\/span><\/div>\n
According to this case a wife who refuses to have s*xual intercourse with the husband without giving any reason was proved as sufficient ground which amounts to cruelty against husband.<\/div>\n
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III. Kalpana v. Surendranath (AIR 1985 All 253)<\/strong><\/span><\/div>\n
According to this case it has been observed that where a wife who refuses to prepare tea for the husband\u2019s friends was declared by the court as cruelty to husband.<\/div>\n
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Though the amendments introduced in the penal code are with the laudable object of eradicating the evil of Dowry, such provisions cannot be allowed to be misused by the parents and the relatives of a psychopath wife who may have chosen to end her life for reason which may be many other than cruelty. The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relatives, i.e. fast emerging. A strict law need to be passed by the parliament for saving the institution of marriage and to punish those women who are trying to misguide the court by filing false reports just to make the life of men miserable and \u2018justice should not only be done but manifestly and undoubtedly be seen to be done\u2019.<\/div>\n<\/div>\n
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