Divorce.

No. She cannot go for divorce for simply financial assistance by her father. Moreover she has to appreciate for financial help and give boons to her father.

Mr.Ramachari,

                         Thanks for your valuable advice.In her divorce petition she has submitted only two items as evidence in her chief examination affidavit.One email from father in law to her husband saying that he ie unable to help with more money than given earlier  and second email which husband had written to her brother in the u.s.requesting for furthur ten lakhs to start a business.Finally that ten lakhs asked from brother in law was never given and subsequently husband did not ask furthur as his situation improved and there fore did not need the money.These two emails are the grounds she says for mental cruelty for her and wants divorce from him.Please advice.

Regards,

Raajeev Sampat.

No. It is not comes under mental cruelty. Cruelty has not been defined in the Hindu Marriage Act, 1955. However, it is now well settled that the conduct complained of should be so grave and weighty as to come to the conclusion that the husband cannot reasonably be expected to live with the wife. It must be more serious than the* ordinary wear and tear of married life. 

In this case she has filed for divorce on the grounds that money was borrowed by her husband from her father which according to her is very serious, and the husband later on after failed reconcilation attempts file for custody of his two children.He does not want divorce but she has filed these two emails of him requesting her father and her brother for financial help.Like i said she doesnt have any proof other these two emails written to her dad and her brother asking for money.Also in the past 4 years of separation after she packed up and left him,he has been consistently sending money to his children for their upkeep voluntarily and also paying their school fees from out station and he is in one city and his wife and children in hyderabad.Are these two proofs enough to get divorce for her?