Avnish Kaur (Consultant) 25 December 2010

CRUELTY as held by SC/HC in various judgements

cruelty against husband to be called sufficient for ground of divorce as held in various cases in SC/ HC all over india

Aborting a foetus/ unborn baby without consent ...

Abstain ing from the s*xual relationship ...

Abusing husband and his family members ...

Abusing husband in public ...

Abusing time and again ...
Accusation of being womaniser ...

Allegation that husband used to beat her ...

Allegation that husband was a drunkard ...

Allegation that husband was a womaniser ...

Fake Allegation husband was impotent ..

Allegations of extra marital relationship ...

Alleeging incestuous relationship with cousin sister ...

Fake allegation leading to Arrest by police ...

Asking to get separated from parents and brothers ... Atrocious allegations, actions and behaviour ...
Attempt to commit suicide ...

Attempting to commit suicide ...

Attempting to throw child on road ...

Attitude of disregard to husband's feelings and self-respect

Attitude towards all relations, her father-in-law, her brother and her sisters-in-law, indicating to them that they were not welcum in house

Baseless and malicious allegation regarding illicit connection to superior officers .

Beating a child mercilessly which is in high fever ...

Beating husband and his family members ...

Beating up and threatening family of husband ...

B'eating the husband

Birth of illegitimate child...

Calling 'Butcher', 'b*st*rd', 'Kafar', Stretched creature, most fellow', 'shameless creature' ...

Calling ,.a sikh husband a "sikh ra. ..

Calling husband lame and less qualified ...
Calling impotent ...

Calling impotent ...

Calling husband a mental patient ...

Catching hold of collar of hubby

Attempt to Commit suicide

Complaints to husband's employers and other authorities ...

Complaints to superiors ...

Conduct amounting to cruelty though there is no danger of its

repetition...

Constantly insulting husband in presence of friends ...

Conviction for attempt to commit suicide ...
Conviction for murdering mother of the husband

Cruelty might be inferred from whole facts and matrimonial re parties and atmosphere disclosed by the evidence ...

Declining to cohabit ...

Declining to go to matrimonial home even when her father-in-law had died ...

Defaming husband to be impotent ...

Denial of s*xual intercourse ...

Denying normal matrimonial pleasure and enjoyment of s*x ...

Doubting that husband was in illicit connection with his own sister-in-law ...

False allegation before police as well as his employer

False allegations of attempt to burn her ...

False allegations of having illicit relationship ...

False allegation of second marriage ...

False allegation regarding alleged second marriage False allegation that husband was drunkard ...
False allegation that husband was gambler ...

False allegation that husband was having affair with other women ...

False allegation that husband's plea for her treatment was a tactic to get rid of her ...

False allegations about character of husband and family members..

False allegations even stating that he had put kerosene oil on her ...

False allegations of having illicit relations with his

brother's wife ...

False allegations of illicit relations with other women ...

False allegations of leading an adulterous life ...
False allegations regarding demand of dowry ...

False allegations that her husband demanded dowry

False allegations to superior officer ...

False and frivolous allegations to employer ...

False case Mental agony of being arrested and

imprisonment in ...

False complaint given to Dowry Cell ... False complaint to officers ...

False criminal complaints ...

False FIR under Section 498A, I.P.C ...

False imputation of adultery ...

False report of dowry demand ...

False, scandalous, malicious, baseless and unproved allegations ...

Filing a criminal case after divorce petition ...

Filing complaint under Sections 498-A and 506, IPC Filing false civil and criminal cases ...

Getting rid of a pregnancy without consent of husband... Giving beating

Giving birth. to illegitimate child ...

Grabbing testicles, and giving beating Handcuffing of husband and his father .. Heaping insults

Impossibility of husband to have s*xual intercourse in view of wife's dirty disease ...

Impotency - Irresponsible, wild and baseless allegations of Impotent - Defaming husband to be ...

Incestuous relationship with cousin sister ...

Inciting another to give blow on husband's head ...

Injurious reproaches, taunts and accusations especially allegation of
incestuous relationship of husband with his cousin sister ..,

Insisting to live separately from mother and sister ...

Instituting proceedings under Dowry Prohibition Act, after filing of petition. for divorce ...

Insult before others

Insulting and abusing husband ...

Irresponsible, wild and baseless allegations of impotency

Irresponsible, wild and baseless allegations of lack of manliness

judicial custody

Lack of manliness - Making of wild, reckless and baseless allegations of

Launching of a criminal proceeding ...

Leaving a 40 days old girl child and not even bothering to enquire about her ...

Leaving at husband's house a two months' old child ...

Leaving matrimonial home despite serious ailment of grand-mother of husband ...

Leaving matrimonial home without any justifiable cause

after marriage ... .. :...

Leaving matrimonial home without husband's consent... Leveling baseless and unscrupulous allegations ...

Leveling disgusting allegations indecent familiarity with person wedlock ...

Leveling disgusting allegations of unchastely ...

Leveling of false allegations of leading an adulterous life ...
Living apart and depriving husband of co-habitation ... .:...

Living together or sharing bed with another man ...

Lodging a false police complaint ... .,

Lodging false complaint under Sections 498-A/34 I.P.C ...

Lodging false police report for demand of

dowry ...

Lodging number of reports against husband on false allegations Lodging of a false criminal case leading to arrest ...
Lodging of complaint of commission of criminal offence ...
Lodging of false criminal complaint ...

Lodging report of treating her with cruelty for demand of dowry but husband had been acquitted ...

Making bald and reckless allegations of bigamy ...

Making bald and reckless allegations of fathering illegitimate children ...

Making bald and reckless allegations of s*xual misconduct.

Making false allegations about illicit relations with brother's wife ...

Making husband cook food ...

Manliness - Making of wild, reckless and baseless allegations of lack of

Mental agony of being arrested and imprisonment in a false case ...

Misbehaving even at public place ...

Murder by wife of her mother-in-law

Murder of two minor children ...
Murdering mother of husband ...

Nagging attitude and total neglect of children ...

Nagging, insulting and getting husband physically assaulted ... Not allowing husband to consummate marriage ...
Not attending funeral ceremony of father-in-law ...
Not caring to see husband admitted to hospital ...
Not discharging marital obligations ...
Not giving s*xual satisfaction ...

Not preparing to budge an inch from her stand ...

Not reconciling that she had to look after son from first wife ... Not seeing husband who was in Hospital ...

Not trying to win over affection of husband ...

Not understanding responsibilities of a house wife ... Not understanding ways of world ...

Not washing her hands after answering call of nature ...

Outbursts that "I want to see ruination of whole your dynasty" .

Outbursts that, " pleader's Sanad of that old hag of your father i forfeited" ...

Persistent abuses and insults hurled at husband and

his parents ...

Persistent abuses and insults ...

Pouring kerosene oil over her body to implicate husband ... Pregnancy - Aborting without consent ...

Pregnancy - Termination of - Without consent of

A husband

Pulling the husband's organs, call him impotent ...
Quarreling with husband on petty matters ...

Refusal to adjust with conditions of life in husband's place ...

Refusal to fulfill s*xual desire of her husband ...

Refusal to have s*xual intercourse ...

Refusing to cook food as and when required ...

Refusing to do even normal household chores ...

Refusing to go for a dinner at some friend's house ...

Refusing to prepare tea for friends of husband ... Refusing to see a specialist for frigidity ...

Remiss in discharge of matrimonial duties and being more her career as a doctor ...

Requesting Husband to live separately from his parents ...

Rubbing chillie powder on tongue of an

infant child ...

Running away with another person ...

Scandalous Statement about illicit relation with his elder brother's wife ...

Serious allegations and false representations to Prime

Minister and Home Minister ...

Serious but false allegations leading to arrest of husband and other family members ...

Serious false and scandalous allegations regarding adulterous life of her husband ...

Sexual intercourse - Denial of ...

Sexual misconduct - Bald and reckless allegations of ...

Sexual relationship - Abstaining from ...

Sexual satisfaction - Not giving of ...

Sitting by bedside of husband merely to nag him ...

Slapping husband ...

Spreading a canard of having illicit affairs with other girls.. Stating "Tumhari Shakal Par Barah Baze Hua Hai" ...
Stating that his mother, sister and his brother's wife had given birth to b*st*rds ...

Stating that husband was 'rascal' ...

Stating that husband was having an affair with his Bhabhi's

sister ...

Sus pension by employer ...

Sustained reprehensible conduct, studied neglect,

indifference or total departure from normal standard of conjugal kindness ...

Switching on light at night ...

Tearing of Mangalsutra ...
Termination of pregnancy without husband consent

Threat that she will make him loose his job ...

Threat that she will make him loss his job ...

Threat that she will put an end to her own life ...

Threat that she will set house on fire ...

Threatening and attempts to commit suicide ...

Threatening that she will make him loose his job ...

Threatening that she will put an end to her own life ...

Throwing chappals at husband

Throwing plate on husband's head ...

Torturing husband by saying that he was handicapped... Unfair and unreasonable behaviour ...

Unfounded or baseless allegation of adultery ...

Unsubstantiated allegations of cheating, criminal breach
of trust or criminal misappropriation and filing of
criminal case on such unsubstantiated allegations ...

Unsubstantiated serious allegations about character of husband

Using filthy abusive language

Using offensive language such as Fauji Gadha or Fauji Tatoo... Wife not obedient ...

Wife's attitude of financial superiority of her own family...

Wife's dirty disease - Impossibility of husband to have s*xual intercourse ...

Wife's total indifference and neglect of husband during his illness...

Wild, reckless and scandalous allegations against husband's mother and his two married sisters ...

Willful refusal to have s*xual relationship immediately after marriage ...

Withdrawing from matrimonial home without justification... Withdrawing from society of husband ...

Womeniser-- Accusation of being

Writing letter to husbands relatives to make false allegation of him being impotent/ unable to be a father

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31 Replies

VictimOfBiasLaw (Professional) 25 December 2010

Are these ground sufficient for husband to get divorce ???

Can you please share the judgement by SC/HC ?

ashish lal (Advocacy) 25 December 2010

if you support these grounds with proper citations then that would be of great help

Avnish Kaur (Consultant) 25 December 2010

THIS I S a huge collection of about 10000 pages. any specific citation if you want i can post. every ground listed above if proved in a court of law can be a ground for divorce based on cruelty.

for expert opinion consult a honest and cunning advocate.

Avnish Kaur (Consultant) 25 December 2010

please also read my posting in thread below

https://www.lawyersclubindia.com/forum/Judgement-helping-innocent-husbands-24586.asp?1=1&offset=3

VictimOfBiasLaw (Professional) 25 December 2010

Can you share judgement for below

1. File false DV case to get financial benefits ( under sec-18,19,20,22 )

2. Produce false documents in court ( i have proof for this)

3. False complain to husband employer/relatives

Many thanks for your help.

tortured_aathma (none) 25 December 2010

thanks avnish for this collection.

Avnish Kaur (Consultant) 25 December 2010

https://www.indiankanoon.org/doc/1905667/

Avnish Kaur (Consultant) 25 December 2010

https://www.indiankanoon.org/doc/254338/

https://www.indiankanoon.org/doc/442924/

N.K.Assumi (Advocate) 25 December 2010

Great work, keep it up.

tortured_aathma (none) 25 December 2010

avnish i went through the whole and today u seem to be on roll.

just want to thank u for helping peedit patis who r victim of pratarna by cruel wife. u know what while helping peedit patis u r also helping lawyers increase their business too as now peedit patis can have lot many allegations to ask for divorce.

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Avnish Kaur (Consultant) 25 December 2010

i have not created any new allegations on my own its based on judgements by SC and various HCs.

tortured_aathma (none) 25 December 2010

sorry avnish if u felt that i am saying that u created those allegations and i in no way was trying to convey that.

i really appreciate that u r trying to guide people who r in need of help.

most appreciable thng about u is that u r not a gender biased person and not like few more than padha leekha people on this forum who think themselves to be right only because they r pro-women(they r people without any knowledge)

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Jamai Of Law (propra) 26 December 2010

Wow!!

Great work by you. what a list.............

'Not washing her hands after answering call of nature ... '

IS there any citation....................After reading above line, I almost fell from my chair due to laughter. The hon. judge and the whole crowd in the court romm would have laughed, remembering it again and again, for weeks!!!

Avnish Kaur (Consultant) 26 December 2010

not washing hands after answering call of nature was one of facts of cruelty on husband byu a wife who behaved in a peculiar manner. the citation is below :

Punjab-haryana high court

Equivalent citations: AIR 1995 P H 312, I (1996) DMC 519, (1995) 110 PLR 530

Bench: M D Saksena

Smt. Uma Wanti vs Arjan Dev on 12/1/1995

ORDER

1. Appellant-wife had assailed the judgment and decree of the trial Court passed in HMA petition No. 30 of 2-6-1987 decided on 28-10-1987.

2. Uncontroverted facts are that the appellant was married with the respondent Arjan Dev on 12-10-1983 at Bhim Nagar, Gurgaon, in accordance with Hindu rites and rituals. The marriage was consummated and appellant gave birth to a female child on 26-12-1984. The child expired afterabout 1 1/2 months.

3. The respondent filed a petition for divorce under Section 13(i) (i-a) (i-b)(iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) seeking for dissolution of marriage on the ground of unsoundness of mind, cruelty and desertion. Respondent averred that before marriage, it was not disclosed to him that appellant is of unsound mind. Only after marriage, he came to know of her mental disorder which is incurable. From the very first day of matrimonial life, the appellant behaved in a peculiar way, she was not obedient and declined to cohabit. She does not understand the responsibilities of a house wife. She has no sense of living like a wife in a matrimonial home. She does not wash her hands after answering the call of nature. After taking bath sometime, she does not put on clothes properly. She urinates even outside the house. When she was advised not to behave in this manner, she would start crying and tearing of clothes. Her habit of taking her meals was also eccentric. Sometime, she urinated in her clothes. She is quarrelsome by nature. Sometimes she become violent. Her behaviour is intolerable to the respondent. After the marriage, when a complaint was lodged with the parents of the appellant, her mother promised to get her treated but nothing was done. At the time of delivery, she was taken to hospital by her mother without informing the respondent. When the child became ill, she had left the child at the respondent's house and went to her parental home. The child expired due to her negligence and carelessness. She left the matrimonial home in Feb., 1984 since then, she is residing with her parents and has refused to come back to the respondent. Thus, on these counts he prays for dissolution of marriage.

4. The appellant contested the petition, raised preliminary objections about the estoppel, no cause of action and limitation. She denied that she is suffering from any mental disorder or her behaviour was cruel in matrimonial home. She averred that her child died because of the negligence, maltreatment and misconduct of the respondent. She was treated cruelly by her husband. He and his father wanted huge amount in dowry that is the real cause of her misery. In the matrimonial home, she behaved like a dutiful wife. She also denied that her behaviour was abnormal or anti-social. Shedid not leave the matrimonial home on her own. Rather, the respondent, turned her out from his residence on 29-12-1984 after beating her and, thereafter he never, came to bring her back. The respondent took her to the hospital for delivery and after delivery also she went to her matrimonial home and therefrom, she was turned out on 29-12-1984. It is also denied that she has withdrawn from the society of the respondent for a continuous period of two years.

5. Parties adduced evidence in support of their contentions. Relying on the respondent's evidence, the trial Court held that the respondent has proved the grounds of cruelty and desertion and. thus, the decree of dissolution of marriage was passed.

6. Appellant's learned counsel contended that the trial Court has correctly held that the respondent has failed to prove that the appellant is suffering from any mental disorder but despite this finding the trial Court came to the conclusion that the respondent has proved the grounds of cruelty and desertion. Even if it is to be believed that the appellant behaved in the way in which the respondent has alleged, that behaviour of the appellant does not amount to cruelty vis-a-vis the respondent. After the delivery of a female child, she was turned out from the matrimonial home by the respondent himself and since Ihen she is living in her parental home. Respondent cannot take advantage of his own wrong and seek a decree of dissolution of marriage on the ground of desertion. Relying on Smt. Sulekha Bairagi v. Prof. Kamla Kanta Bairagi, AIR 1980 Cal 370, he contended that even after amendment (Marriage Laws Amendment Act, 1976), the legal requirement is that the respondent has to prove that the cruelty is of such a nature as to give rise to a reasonable apprehension in his mind that it will be harmful or injurious for him to iive with the appellant. Normal lapses in day to day life will not constitute legal cruelty. He further pointed out that simply on the ground that from 29-12-1984 the parties are living separately, it will not prove the ground of desertion. The respondent is required to prove further that the appellant had no intention to live with him when she. parted his company. For this proposition, he has placed reliance on Amarjit Kaur v. Babu Singh, (1988) 93 Fun LR 131.

7. Respondent's learned counsel stressed that the respondent has stated on oath how the appellant behaved in an abnormal way while she was living with him in the. matrimonial home. He has categorically stated that on the first night she did not permit him to cohabit with her. She used to come out from the bath room some times undressed, and sometime not fully dressed. After answering the call of nature, she did not wash her hands. She used to sit for urination in the gali, Whenever he advised her she used to qaurrel with him. She used to wander in the gali without taking permission from him she used to go to her parental home. She never told any household work. Before marriage, this mental condition was not disclosed to him." He made a complaint to her father who promised to get her treatment done. She stayed with him for three months. He went along with his wife to her parental home and left her there but thereafter she was not subjected to any medical treatment and she never came back to him for the delivery also. She was taken to the hospital by her mother without informing him. When the child became ill, she was left at his residence while the appellant went back to her parental home. The child died because of her negligence. He has further stated that during the course of the trial under the orders of the Court he was taking the appellant with him to his house in a rickshaw but on the way she got down from the rickshaw and went back to her parents house. In the cross-examination he has categorically stated that he never met her before marriage and hence he had no occasion to know about her mental disorder. His witnesses Bhim Sain PW 2; Lachman Dass PW 3, and Heera Nand PW4 have corroborated his testimony on the point of mental disorder. The respondent's learned counsel stressed that the appellant did not enter the witness box to rebut the testimony of the respondent. She has not even examined her mother to refute the allegations made by the respondent. She has only examined Dhanoat RW 1 and Nand Lal-PW 2. Dhanoat has clearly stated that he did not know the cause of the quarrel between the two. Nand Lal is the father of the appellant. He has denied that the appellant is of unsound mind. According to him, she has studied up to 10th class. He has testified that respondent wanted Rs. 50,000/- from him to purchase a house. Since he declined, he refused to bring her daughter, but this fact is not put to the respondent in cross-examination. In support of his contentions, he has relied on Ashim Ranjan Poddar v. Smt. Anusree Poddar, (1905) 15 MLJ Supplementary 109; Sunderi Devi v. Ram Lal, 1994(2) Hindu LR 84 (Punj and Har); Asha Rani v. Raj Kumar, 1994 (2) Hindu LR 114 (Punj and Har); Smt. Lalita v. Om Parkash, 1994 (2) Hindu LR 124 (Punj and Har); and Smt. Arminder Kaur v. Major Narinder Singh Brar, 1992 MLJ 487.

8. In this case, it is pertinent to note that the appellant wife has not entered the witness box to rebut on oath the testimony of the respondent. The respondent has objected to the abnormal behaviour and way of living of the appellant. These facts are within the personal knowledge of the appellant. She was required to enter the witness box to deny the said assertions of the respondent but under the advice of her counsel, she declined to enter the witness box. Even her mother had not entered the witness box to deny the allegations that she took the appellant to the hospital for delivery or after the delivery, she was .brought back to her house from the hospital. No doubt, the female child died after a short span of about 45 days, may be due to negligence or carelessness of either of the two. But so far as her behaviour in the matrimonial home is concerned, there is no reason to disbelieve the respondent's evidence which is not controverted by the appellant. These small twigs of abnormal behaviour when piled, one upon another became a heavy burden of "cruelly". This mental torture was more heavier than any physical torture. Under the Act, cruelty is not defined, but it is settled law that if the cruel behaviour of one spouse is of such a nature as to give rise to a reasonable apprehension in the mind of other spouse, that it will be harmful or injurious on the other one to live with the first spouse, it constitutes a legal cruelty. The day to day behaviour of the appellant was such as to disturb the mental peace and harmony of the respondent which definitely amounted to legal cruelty. She may not be of the unsound mind, but her peculiar ways of behaviour proved by the respondent are sufficient to constitute that legal cruelty. The husband could not live with peace in the company of the appellant. Peace was always disturbed due to her peculiar ways of behaviour, and thus he cannot be disbelieved that her behaviour was cruel to him. Admittedly, since 29-12-1984, the appellant is residing with her parent. She has not come back to her matrimonial home. Thus, she has for saken the company of the respondent and thereby she has definitely declined to cohabit with him. This fact itself proved her intention not to cohabit with the respondent. Hence, I find that the trial court has not fallen into any error in granting decree of dissolution of marriage on the ground of cruelty and desertion. I hereby affirm that decree and dismiss this appeal with no order as to costs.

9. Alternatively, the appellant's learned counsel further contended that permanent alimony to the tune of Rs. 1,50,000/- be awarded to the appellant. As she stands divorced, she needs money for the rehabilitation. The respondent's learned counsel contended that the respondent is only an operator in Cinema Hall. He earns Rs. 700/- per month only, out of which he is paying Rs. 200/- per month as maintenance to the appellant. Hence, he is not in a position to pay such a huge amount to the appellant by way of permanent alimony. No doubt, he is willing to pay a reasonable amount of about Rs. 18/20,000/-. Considering the facts and circumstances of the case, the respondent is hereby directed to pay Rs. 35,000/- to the appellant as permanent alimony within a period of four months. If he fails to make this payment within the stipulated time, the decree of divorce shall automatically stand vacated.

10. Appeal dismissed.

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CRUELTY as held by SC/HC in various judgements

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