How can one get divorce under 13(ia) - physical cruelty? What kind of evidence needs to be provided for the same? If wife alleges that husband had physically tortured her, is it sufficient grounds for her to get divorce?
help_divorce (SC) 10 November 2010
How can one get divorce under 13(ia) - physical cruelty? What kind of evidence needs to be provided for the same? If wife alleges that husband had physically tortured her, is it sufficient grounds for her to get divorce?
sivani (engineer) 10 November 2010
If you are the wife then one advice for you - please don't make the big mistake that every woman makes of forgiving the physical assault for the sake of saving the marriage. Next time he touches you take photographs of all the bruises and keep all the doctor's records if you have to visit a doctor for the injuries and call the police immediately. I know this is hard advice for most women to digest but this is all that will come in use in court, don't be an emotional fool as most women are who keep taking the bullsh*t and then have nothing in hand to prove what all they took to save the marriage. After taking all the physical assaults you will be left as you can see on this site being told that it's a 'false claim' and you are asking for compensation as you think your husband is a 'free ATM'.
superfast munnabhai (trainee) 10 November 2010
Hi Shivani,
Help_divorce must be a man.
You line: the big mistake that every woman makes of forgiving...
This is a crap.
Husbands also forgive their wifes atleast tens of thousands of times every day!!!!
Hitting wife is not correct, but if somebody has gone to the level of sucking husband's blood on a daily basis then what husbands can do? Is there any single law to help husbands in India?
Please think before you write.
help_divorce (SC) 10 November 2010
If wife keeps provoking husband and in the heat of the moment, husband slaps her on her upper arm does that amount to physical cruelty? If the wife was not injured or hurt, does that amount to cruelty? If the husband asks for forgiveness, but still wife goes ahead and files for divorce under 13(ia) after 8-9 months does that amount to cruelty? If there have been one or two such incidents in married life of 4-5 yrs does that amount to cruelty? If the husband did so only due to constant nagging of wife and had no intentions to injure the wife does it amount to cruelty?
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100, 9271971251
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REGARDING THE DIVORCE MATTER KINDLY NOTE THAT.
1.DIVORCE PETITION IS FILED UNDER HINDU MARRIAGE ACT SEC.13 AND IT IS A CIVIL COURT MATTER.
2.THE PETITIONER HAS TO SUBMIT DOCUMENTS AND AFFIDAVITS OF WITNESSES IN SUPPORT OF APPLICATION FOR DIVORCE.
3.THE OTHER SIDE WILL APPEAR AND WILL FILE REPLY TO THE SAID APPLICATION AND ON THE BASIS OF DOCUMENTS AND AFFIDAVITS FILED ON RECORD AND AS PER LAW PROVISIONS COURT WILL PASS JUST AND PROPER ORDER.
KINDLY NOTE THAT PETITIONER HAS TO PROVE FACTS AND STATEMENTS WITH THE SUPPORTING DOCUMENTS AND EXAMINATION OF WITNESSES WHO ARE SUBJECT TO CROSS EXAMINATION FROM THE OTHER SIDE PLEASE NOTE/
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