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Lifeasitis (private)     11 August 2013

Queries reg dvc

Hi,

My queries and doubts are only to respected lawyers as am expecting purely technical answers.

1. Married life will not be under cameras. So how to prove physical violence one undergoes ? or is it that when bruises appear visibly or blood is shed, then only it's considered physical violence?

2. Mental torture wife goes thru when husband doesn't take care of wife and kids both emotionally and financially..How can the court assess this?

3. I heard about divorce ground some times being the time frame wife and husband stay separate. What if husband deliberately avoids wife or keeps impossible conditions in front of her to stay with him ??

4. If wife doesn't want to keep any cases and waits for husband for long time..can husband use this time frame as divorce ground?

Thanks!



Learning

 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 August 2013

Dear Querist

My opinion on your queries are as under:

1. Married life will not be under cameras. So how to prove physical violence one undergoes ? or is it that when bruises appear visibly or blood is shed, then only it's considered physical violence?

 

Opinion: it's depend on Trial and allegation(Proved or disproved)

 

2. Mental torture wife goes thru when husband doesn't take care of wife and kids both emotionally and financially..How can the court assess this?

 

Same as above

 

3. I heard about divorce ground some times being the time frame wife and husband stay separate. What if husband deliberately avoids wife or keeps impossible conditions in front of her to stay with him ??

 

Opinion: it comes under cruelty and wife has right to file a divorce case u/s 13 (1) (ia) of Hindu Marriage Act (if the parties are hindu)

 

4. If wife doesn't want to keep any cases and waits for husband for long time..can husband use this time frame as divorce ground?

Opinion: After two years of sapration the parties can file the divorce cases against the opposite party.

 

Feel Free to Call

Tajobsindia (Senior Partner )     11 August 2013

 

Originally posted by : Lifeasitis

 

1. Married life will not be under cameras. So how to prove physical violence one undergoes ? or is it that when bruises appear visibly or blood is shed, then only it's considered physical violence?
Take: By witnesses statement, by complains to authorities, by submitting oneself to medical examination just after such physical violence and by probability theory under Civil family Laws as the alleged case progresses in a Court of Law. 

2. Mental torture wife goes thru when husband doesn't take care of wife and kids both emotionally and financially. How can the court assess this?
Take: By pleading, by oath statement, by cross examination and by probability theory under Civil family Laws as the alleged case progresses in a Court of Law.

3. I heard about divorce ground sometimes being the time frame wife and husband stay separate. What if husband deliberately avoids wife or keeps impossible conditions in front of her to stay with him ??
Take: For your first para ‘
desertion’ is ground available to such spouse. For invoking this ground spouse physical separation is not a must they can either way use it while living under same roof only bar is s*x must be avoided between them. For your second para route is alternate and is via ‘S. 125 CrPC’ whose object and reason statement squarely favours female spouse followed by she eligible for ‘divorce decree
’ under Civil Laws too.

4. If wife doesn't want to keep any cases and waits for husband for long time. Can husband use this time frame as divorce ground?

Take: Law pre-assumes the other way around; ‘if a person is genuine with his aggrievement then he ought to have approached the Court first’. However one should collect resonable evidences first during such "you first-me first" waiting game phase. Interpret these as it may please you.

 

(Guest)
@lifeasitis, but who stops you and what stops you? Why are you seating at your parents' home? Go and live with your husband. what type of conditions you are bothered for? you are the one who gives your husband a chance to file a divorce case.
1 Like

(Guest)
@lifeasitis, what has happened that urged your husband to file a divorce case against you? Though I am not a legal expert here, but can only request to put your correct facts so that other legal experts may advice you accordingly. what are the cases pending before the courts?

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