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Law Querier (Service)     31 May 2012

Mental cruelty on phone

Husband is in India and Wife is in abroad country. Husband told angrily to take divorce in disputes with his wife while they communicated on telephone. But, his statements during quarrel were only because of his anger, not seriously.Wife has filed divorce on the ground of Cruelty, Section 13(1)(ia). She has stated in petition that her husband is not interested to live with her and asking for divorce. But, in real, Husband wishes to live good family life with his wife and does not want to take divorce. now, If wife shows in court the recordings of telephonic dialogues in which husband was telling that to take divorce then it is tends to mental cruelty? Can court grant divorce decree on this matter? Husband was not asking any dowry and not uses abusing word during their communication. Although wife alleged about dowry demand and using abusing word.



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 8 Replies

naren (Consulltant)     31 May 2012

Husband I believe is a major, he should know what he is talking even if on phone. Also, it kind of sound weird that he want to live with his wife even if she is insisting on divorce and has filed various other cases.  There is a history which author is not willing to share.

Coming to your query, from my limited knowledge I understand that court will consider all allegations to arrive to the conclustion whether cruelty is done to her or not. Hopefully one only incident of shouting on phone will not be sufficient for wife to convince court.

NiceManMyself (self)     31 May 2012

Just on one incidence wife is asking for divorce? Can you please provide the context and background?

Saying divorce may not be cruelty, it depends on context.

How long the couple are married? Please request them to meet a good marriage counsellor, and let elders in family play a role.


(Guest)
Originally posted by :chirag Gujarat
"
Husband is in India and Wife is in abroad country. Husband told angrily to take divorce in disputes with his wife while they communicated on telephone. But, his statements during quarrel were only because of his anger, not seriously.Wife has filed divorce on the ground of Cruelty, Section 13(1)(ia). She has stated in petition that her husband is not interested to live with her and asking for divorce. But, in real, Husband wishes to live good family life with his wife and does not want to take divorce. now, If wife shows in court the recordings of telephonic dialogues in which husband was telling that to take divorce then it is tends to mental cruelty? Can court grant divorce decree on this matter? Husband was not asking any dowry and not uses abusing word during their communication. Although wife alleged about dowry demand and using abusing word.
"

 What do you want ?

 Do you want to stay with her if yes say the same in court.

Remember: Divorce is not a cakewalk for Hindus

Adv. Chandrasekhar (Advocate)     31 May 2012

not sufficient ground to get divorce.

rajiv_lodha (zz)     31 May 2012

Taking divorce is not illegal, if one spouse calls u to get legal course to terminate the marriage, its not cruelty...............at least he will take normal course & fight his case throu, he has not threatened u to dump!

bhima balla (none)     01 June 2012

Normal things in marriage between wife and husband. No big deal. However if she has filed false cases you can go for divorce after you prove they were false.

I think to grant divorce-the courts need to set a standard where cruelty can be considered cruelty of sufficient level to warrant divorce. A highre standard for DV and a very high level for 498a. Unless it is a situation akin to life and death, 498a should not be invoked. Anyone misusing must be severely punished.

498a and DP acts are cognizable, non compoundable and non bailable. Standards must be very high to invoke these.

Anjuru Chandra Sekhar (Advocate )     01 June 2012

When husband told to take divorce and wife obediently applies for it....no love lost!:) After all it is wife's dharma to do what husband wants.

 

Try for reconciliation.  Ask the judge to arrange for mediation.


(Guest)

This is almost comman in husband- wife if any normal disputes arise. So this is not sufficient grpound to take divorce.

How many times and which way you asked this thigks- qruelty depand on it.

Without examine the said voice to any  expert court will not  accept as good evidence to this evidence.

If you really desire to live with your wife- This is good things and you have to ask in court that you never willing to destroy you matrimonial life and ever ready to come back your wife at her term & conditions. ask to court you never desire to blam your wife in court because this will born missunderstanding between you. You only want to save your matrimonial life.


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