Cruelty
Bharat Mehta
(Querist) 16 July 2016
This query is : Resolved
08-03-2008 wife deserted husband, both NRIs . Came back to India gave away her title as nri,joint name in bank accounts and director ship of a company overseas.11-03-2008 buys a residential land with a married man who is not related to her with the husband's knowledge. Please advice
Bharat Mehta
(Querist) 16 July 2016
Sorry without the husband's knowledge . Built a house and is staying in the house since the last 6 years. Son 18 years old and daughter 14.5 years old studying in hostel
Devajyoti Barman
(Expert) 16 July 2016
What do you want to know?
She has not made any crime to say the least though she may be leading an adulterous life which gives rise to cause of action for divorce.
Bharat Mehta
(Querist) 16 July 2016
She planned a property deal as a house wife still in wedlock , deserted the husband's home and just three days after she landed in India she got the property registered . Would not that amount to cruelty Sir? Would photos of her in a crowd with this man following a well know guru during one of his overseas trip mean something or not ? Desertation - could that be how the divorce be granted ?
Shonee Kapoor
(Expert) 16 July 2016
The facts you have disclosed does not indicate any kind of Adulterous relationship between the two. Nor buying property with someone can by any stretch of imagination be called cruelty.
You have a good ground of desertion (More than 8 years). Why don't you use that ground for divorce.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Bharat Mehta
(Querist) 17 July 2016
How would the best lawyer or an honourable judge feel if his wife does something like this ?
Shonee Kapoor
(Expert) 17 July 2016
The opinion of best lawyer and judge in divorce petition is dependent on the facts (conduct) mentioned and the effect of such a conduct on the petitioner.
Laying down the exact or precise definition of the term “Cruelty” has not been easy even for the courts. Reason being, Human nature and circumstances are so diverse. What is cruelty for one, may not be so for other. On its part the legislature has stopped by saying that the Respondent should have treated the Petitioner with Cruelty. It has left to the wisdom of the courts to analyse and decide what would form Cruelty for the matrimonial purposes. Though some may say that it is dependent on the sensitivities of the parties, but courts have always taken the “willful conduct” of the Respondent to decide.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Rajendra K Goyal
(Expert) 17 July 2016
Well explained by the expert Shonee Kapoor.
Sudhir Kumar, Advocate
(Expert) 17 July 2016
