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(Guest)

Need suggestion

Hi,
i am tortured by my wife and in laws. i hate my wife. she is evil.
i have a child with my wife.its not possible for me to have the pleasure of staying with the child as my wife will not leave the child. also, its not possible for me to stay with the child along with wife as i will be then a living dead.
i can understand that the court will not give divorce. even if court gives divorce , i have to pay maintenance to wife even if she is guilty. And, if i pay maintenance to my wife, then i cant remarry and hv a normal family again, neither can have a child.
 
my very purpose of life cant be fulfilled.

as i see, under present circumstances and the laws of the land,  my life is end.

my query is - can i get euthansia from the state?

PS: please dont suggest counseling and mediation by elders.



Learning

 14 Replies

Advocate M.Bhadra   25 February 2013

Your only one option is file a Divorce Suit on contest.


(Guest)

i have already filed for divorce. however, divorce alone is not able to provide an end to my suffering.

only euthansia can end my suffering. 

Chetan Joshi (Advisory/Advocacy)     26 February 2013

In India passive euthansia is allowed in some cases....

 

However, sometimes if the husband shows courage to fight it till the end, the wife may give in.....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


(Guest)

what the husband can fight till end?

wife is at discretion whther to work or not. she may be educated. she may be cruel. husband can be given divorce for cruelty. but still husband has to work day night and pay money to the cruel wife.

how then the cruel wife will get punished? if month start she gets money in bank, will she ever fill the need to work?

this is not justice. this is cruelty by the judiciary.

where is the punishment for the wife for being cruel?


(Guest)
Originally posted by : Tortured Husband

Hi,
i am tortured by my wife and in laws. i hate my wife. she is evil.
i have a child with my wife.its not possible for me to have the pleasure of staying with the child as my wife will not leave the child. also, its not possible for me to stay with the child along with wife as i will be then a living dead.
i can understand that the court will not give divorce. even if court gives divorce , i have to pay maintenance to wife even if she is guilty. And, if i pay maintenance to my wife, then i cant remarry and hv a normal family again, neither can have a child.
 
my very purpose of life cant be fulfilled.

as i see, under present circumstances and the laws of the land,  my life is end.

my query is - can i get euthansia from the state?

PS: please dont suggest counseling and mediation by elders.

Welcome to the club of tortured husbands !

(Guest)
Originally posted by : Tortured Husband

Hi,
i am tortured by my wife and in laws. i hate my wife. she is evil.
i have a child with my wife.its not possible for me to have the pleasure of staying with the child as my wife will not leave the child. also, its not possible for me to stay with the child along with wife as i will be then a living dead.
i can understand that the court will not give divorce. even if court gives divorce , i have to pay maintenance to wife even if she is guilty. And, if i pay maintenance to my wife, then i cant remarry and hv a normal family again, neither can have a child.
 
my very purpose of life cant be fulfilled.

as i see, under present circumstances and the laws of the land,  my life is end.

my query is - can i get euthansia from the state?

PS: please dont suggest counseling and mediation by elders.


Welcome to the club [of tortured husbands] !

Never Give Up (Fighter)     26 February 2013

If you fight you may win..if you dont fight you wont win.

 

Rather than focusing on divorce case, focus on your kid and search for new life partner. That may give you some solace.


(Guest)

what is the win sir? please help me define it. under present law, i am a sitting duck

is there any judgement where wife is denied maintenance for being cruel with husband?


(Guest)

please get a good lawyer.

there are many judgements. please go through the forum for relevant material.you can also visit indiankanoon.org

ashoksrivastava (scientist)     13 April 2013

Originally posted by : Member (Account Deleted)

what is the win sir? please help me define it. under present law, i am a sitting duck

is there any judgement where wife is denied maintenance for being cruel with husband?

the only way to deny maintenance to your wife (provided you have evidence of cruelty) is by denying her divorce .Honble SC in rohtas singh vs smt.ramendri has written the obituary of husbands in the name of social policy of legislation. If you divorce her on grounds of cruelty she will still be eligible for maint. under crpc125 if she proves that she is unable to support herself. I wish we can hire some competent lawyer to file revision petion in SC against this judgement which goes against all norms of natural justice and is nothing but TRAVESTY OF JUSTICE. I am more than willing to contribute towards lawyer's fee for it. regards ASHOK

ashoksrivastava (scientist)     14 April 2013

@need justice

You are right in saying that in Rohtas singh case divorce was granted on grounds of desertion. But SC has laid down the rule that even if a wife is divorced due to her fault she is eligible for maint under crpc125. if divorce is granted on basis of cruelty then also wife will be eligible for maint due to ratio laid down in Rohtas singh judgement see
 

 

 

.
Bombay High Court
Smt. Gita W/O Chandrashekhar ... vs Sushree Geeta D/O Ramnath Sharma on 2  regards ASHOK

ashoksrivastava (scientist)     14 April 2013

@need justice I agree with you .Thats why I wrote in earlier post"I wish we can hire some competent lawyer to file revision petion in SC against this judgement which goes against all norms of natural justice and is nothing but TRAVESTY OF JUSTICE. I am more than willing to contribute towards lawyer's fee for it"

regards ASHOK

ashoksrivastava (scientist)     14 April 2013

I think revision petition is not the right word to use but it should be challenged on its constitutional validity and that it will set a wrong precedent to reward the erring wife who doesn't fulfill her conjugal duties.

Past judgement of apex court has been challenged recently by NCW.

Pl. go through following newspaper article. " THEHINDU News » National New Delhi, March 15, 2013 Supreme Court recalls ‘kicking daughter-in-law not cruelty’ judgment : Four years after it shocked women by ruling that kicking a daughter-in-law was not an act of cruelty as defined under Section 498A of Indian Penal Code, the Supreme Court on Thursday erased it from court records. Allowing a plea by National Commission for Women (NCW), a bench of Chief Justice Altamas Kabir and Justices P Sathasivam and G S Singhvi set aside the July 27, 2009 judgment by which it had quashed the charges under Section 498A against Bhaskarlal Sharma and his wife Vimla Sharma who were summoned by the trial court for allegedly kicking their daughter-in-law Monica Sharma. A bench of Justices S B Sinha and Cyriac Joseph had said in the 2009 judgment, “Allegations that appellant No.2 (Vimla) kicked the respondent (Monica) with her leg and told her that her mother is a liar may make out some other offence but not the one punishable under Section 498A. “Similarly, her allegations that the appellant No.2 poisoned the ears of her son against the respondent, she gave two used lady suits of her daughter to the complainant (Monica) and has been giving perpetual sermons to the complainant could not be said to be offences punishable under Section 498A.” However, if the mother-in-law takes away the gifts given to the couple at the time of the marriage, it amounts to ‘breach of trust’ as specified under Section 406 IPC, the bench had said. Appearing for NCW, senior advocate Indu Malhotra on Thursday argued that if allegations of physical violence and taking away of ‘stree-dhan’ (valuables of the bride) did not constitute an offence under Section 498A of IPC, then it would send a very wrong signal and have retrograde effect on the object of the provision to curb violence and cruelty against women in matrimonial homes. Malhotra argued that the complaint filed by Monica Sharma against her in-laws was quashed by the apex court when the matter was at the initial stage of issuance of summons by the trial court. “This will send a very wrong signal,” she said. Solicitor general Mohan Parasaran, appearing for the government, supported the NCW’s plea for setting aside of the judgment and requested the court to consider the petition filed by Bhaskarlal Sharma and his wife Vimla Sharma afresh. Vimla’s counsel U U Lalit questioned the locus standi of NCW in a criminal case and said the apex court did not rule that kicking of a daughter-in-law was not an offence under Section 498A but merely said after appreciating the entire evidence that a case of cruelty against the daughter-in-law was not made out. But the bench agreed with Malhotra and Parasaran, recalled its July 27 judgment and posted the matter for fresh hearing before another bench. " regards

ASHOK

Sandeep Chopra (Lawyer)     18 April 2013

 

Hi,

I filed RCR against my wife as she has left my home without any reasons in my absence for last three years (2009. I filed the RCR in mid-2012. I want to ask can she file 498a and DV on me and my family members. As of now she has not lodged any complaint.

 

Kindly  reply


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