cruelty by wife
rajendran
(Querist) 10 March 2011
This query is : Resolved
A working as Constable in CRPF. He married B. B is none other than daughter of his
Peternal Uncle. Brother of B w.i.e.C Married D who is won sister of A. After the marriage of C&D, c tortured D for more dowry. A panchayat was convened by elders of the family member and a insisted to marry B for the welfare of C. Without no other option and A married B. But D not turned up to reunion with C and she resides with A and B. Later C was died due to severe cancer. D was not spent any amount to C to recover his life. A spend so much of amount but all was ended in to vain. At that time B was made wording qurrel with A not spent any amount to C because the Cancer is not curable one. while being so C was died and at that time A was in war field of jammu and he instructed b to took over all the funeral function on behalf of himself. But B refused the same and leave the matrimonial home without any information to A. Tow years were passed there is no contact between A and B. A filed petition for divorce under the ground of Cruelty and B and after two years the B also filed Petition fo Restitution fo Conjugal rights and bother petitions are pending before the Hon'ble Family Court at Madurai Tamil Nadu. Whether husband can take cruelty ground against the wife? The Petition B is maintainable after two years.
Santosh Goswami,Advocate
(Expert) 11 March 2011
Yes, ground of cruelty is made out.Petition for R O C R also made out.Some details of fact is required.
