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Anonymous1 (fjslfj;)     04 October 2010

Cruelty?

Wife fights with husband/in-laws, walks out of the house and stays with her parents for nearly 6mts. Reconciliation process goes on and finally wife decides to come back. After coming back, she stays with the husband for a month or two and files a complaint that she was denied of s*xual relationship with husband and files an 498a complaint. (in reality, wife comes back only because of the pressure from her parets and doesnt want to live with the husband . so she maintains distance with the husband)

Given the above situation, how does husband proves that he is not guilty



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     04 October 2010

you have to face the trial.

Anonymous1 (fjslfj;)     04 October 2010

@ Rajeev, he has to face the court for sure..but how does he come clean out of this?? this is the question...

Suchitra. S (Advocate)     04 October 2010

He can prove he is not guilty from the very fact that the wife has agreed to come back to him even after 6 months. If he was cruel to her, she would not have returned. And also, she would have filed a case of 498A within those 6 months period itself. The very fact that she came back to her husband shows he was not cruel. There may be differences whatsoever other than cruelty.

Evidence for cruelty are difficult to be provided to the court as in these cases cruelty happens within four walls of house. I just gave you one way of defending the husband.

Anonymous1 (fjslfj;)     04 October 2010

Thanks a ton Suchitra !!

Anonymous1 (fjslfj;)     04 October 2010

How would this work if this is inverse?? In the sense, husband doesnt want to take the wife back again..but taken her in because of the pressure from relatives ..but keeps distance and doesnt have any s*xual relationship with her.. how can the wife prove here that the husband is guilty??

Suchitra. S (Advocate)     04 October 2010

Purposeful abstinence from consortium ie, denial of physical intimacy amounts to cruelty. As I told you before, these things are difficult to prove before the court, but she can allege the fact that she is being denied of the consortium by her husband.


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