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help_divorce (SC)     19 December 2010

help on divorce

Hi,

My friend suffered from a fracture and was under bed rest. During this period, his wife was at her mother's home. My friend was requesting her to come to the marital home to take care of him through calls and sms. However his wife refused to come. My friend got irritated and send an sms to his wife stating she was not helping him when he was sick and told her to stay at her mother's home permanently. His wife took all her belongings from the marital home and left the marital home and applied for divorce under 13(ia) citing the sms as the reason for divorce.

My friend tried his best to stop her from leaving the marital home, however she remained adamant and never returned. My friend send emails, asked his relatives/friends to talk to his wife and bring her back, but she continues to remain adamant. My friend has also applied for RCR.

Can divorce be granted on the basis of a single sms?



Learning

 3 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     19 December 2010

I don't think so mere a single SMS, counted as cruelty,  can be ground of Divorce. For further details u can call me at 9871158578

niranjan (civil practice)     19 December 2010

On the contrary,your sms will help you in your rcr case.The court in divorce case will try for conciliation so do not worry.

A.VIVEK ADVOCATE (ADVOCATE)     19 December 2010

court con dircet the parties to lead the family life. if the court  gives such kind of orders that will affect the fundamental rights under Art 21 . a women having such kind of kindness it is better to leve the wife


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