My brother's wife went to her maternal house with her 5-month-old daughter for the first time after the birth of the child. She has been living there for the last 2 months. When her in-laws asked her to return, she refused and started threatening my family, telling my brother that she wants to live separately from the family. My brother is the only male child of our parents.
Firstly, it is important to try and understand why she is refusing to return home. It may be helpful for your brother to have an open and honest conversation with his wife to discuss her concerns and try to find a solution that works for both of them.
If your brother is having difficulty communicating with his wife, it may be helpful to seek the assistance of a professional mediator or counselor who can facilitate communication and provide guidance on how to resolve conflicts.
If your brother's wife continues to refuse to return home and threatens your family, it may be necessary to file a civil suit under section 9 of the Hindu marriage act for the restitution of conjugal rights.
Under Section 9 of the Hindu Marriage Act, a spouse can file a restitution of conjugal rights suit if the following conditions are met:
- The spouses must be Hindus.
- The marriage must be valid under the Hindu Marriage Act.
- The petitioner (the spouse filing the suit) must be legally married to the respondent (the other spouse).
- The respondent must have deserted the petitioner without any reasonable cause.
- The petitioner must have made a request to the respondent to return to the matrimonial home.
- The respondent must have refused to return to the matrimonial home.
If these conditions are met, the petitioner can file a restitution of conjugal rights suit in a district court with jurisdiction over the area where the spouses last lived together or where the respondent currently resides. The court will then issue a summons to the respondent, and if the respondent fails to comply with the court's order to return to the matrimonial home, the court may pass a decree for restitution of conjugal rights.
Can a disabled clerk be fired from their job or do they have any rights? मैं एक विकलांग लेखपाल हूं इस संबंध में मैं आपसे एक कानूनी राय लेना चाहता हूं पक्षाघात से पीड़ित हूं सीधा अंग काम नहीं करता है कार्य करने में बहुत कठिनाई होती है. क्या भविष्य में मुझे नौकरी से निकाला जा सकता है अथवा इस संबंध में विकलांगों को अधिकार दिए गए हैं मुझे ऑफिस अटैच रखा जा सकता है मैं चाहता हूं मुझसे हल्का ले लिया जाए.
आपके तर्क को मद्देनजर रखते हुए, आपके द्वारा उठाए गए मुद्दों की गम्भीरता को ध्यान में रखते हुए, आपको बताया जाता है कि दिव्यांग लोगों के अधिकारों की रक्षा के लिए कानून बनाए गए हैं। आपको अपनी नौकरी से निकाला नहीं जा सकता है यदि आप नियमों और नियमों का पालन करते हुए अपने कार्य करते हैं। आपको न्यायाधीश या श्रम न्यायाधीश से संपर्क करना चाहिए और उनसे अपनी समस्या साझा करनी चाहिए। आपके द्वारा बताए गए मुद्दों के समाधान के लिए वे आपकी मदद कर सकते हैं और आपको उचित समाधान प्रदान कर सकते हैं। इसके अलावा, आप अपने ऑफिस में अधिसूचित कर्मचारी के रूप में रखे जाने के बारे में अपने अधिकारों की जांच कर सकते हैं। यदि आपके साथ किसी भी प्रकार का पक्षाघात किया जाता है, तो आप कानूनी कार्रवाई कर सकते हैं।
दिव्यांग लेखपाल को कानूनी रूप से नौकरी से निकाला जाना संभव है, लेकिन इसे उसके अपराध, गलत कृत्य या अन्य कानूनी उल्लंघनों के आधार पर होना चाहिए। उसे भी संवैधानिक अधिकार होते हैं जैसे कि समानता और अधिकारों के बिना निष्पक्ष व्यवहार के अधिकार। यदि उसे नौकरी से निकाला जाता है तो उसे कुछ कानूनी तंत्र होते हैं जैसे कि उसे विवेकाधीन रूप से निकाला जाना चाहिए और उसे अपने हक की रक्षा के लिए कानूनी उपाय उठाने का अधिकार होता है।
I want to remove the public road constructed in my land. In 2005, a government road was being constructed in our village, and at that time we contacted a contractor and had a road built between our fields, which was not used for any compensation for our coming and going, nor was the land registered with the government. It was repaired once when the village's government road was being repaired, and it is still located on our farm. Now we want to remove that road from our fields and doorstep, but some people in our village are objecting and even filing an F.I.R against us to stop the road. They also have their own private and public road, but even then we want to remove that road from our fields and doorstep. What can we do for this? Please tell us.
You gave your consent for the construction of the public road on your land and never objected to it. Therefore, you cannot now take action to remove the road from your land, especially as more than 17 years have passed since its construction. Moreover, the general public has also been using this road without any objection from you.
Investigation is conducted by police inspector in prevention of corruption act. As a doctor assigned to the XX Primary Health Centre in Bahraich district of Uttar Pradesh, I was apprehended by a vigilance team during a trap operation. Although no evidence was found on my person, the team had no formal authorization to conduct the procedure. It appears that the police inspector who orchestrated the trap had a personal vendetta against me. Fortunately, I was granted bail by the special court. Now, I am seeking advice on how to challenge the charge sheet that the police officer has submitted after completing the investigation.
You should file a petition before the High Court Lucknow under section 482 of the code of criminal procedure for quashing of the charge sheet because police inspector has not power to investigate a crime registered under the prevention of corruption act unless he is authorised by a competent authority.
According to the law, only police officers ranked above the level of Deputy Superintendent of Police are authorized to investigate trap cases unless authorized by the government. If you have been summoned by the trial court to appear in the framing of charges, you have the opportunity to object to the chargesheet. You may raise concerns about the investigating officer's incapacity to conduct the investigation and request a reinvestigation.
You can avail this opportunity before filing an application in the high court under section 482 crpc. In H.N. Rishbud v. State of Delhi AIR 1955 SC 196 the supreme court has expressed its view that a Special Judge under the Act of 1988 has certain powers of a Magistrate and therefore, he can even order re-investigation of the case and the irregularity in the investigation, if any can be corrected.
Wife is open minded lady wants to live luxurious life upon my resistance she filed divorce case on cruelty. My father-in-law is a member of the Indian Police Service, and I have graduated from the Indian Institute of Technology. I am currently employed in a multinational corporation situated in Bengaluru. My wife, who desires a luxurious lifestyle, filed for divorce, alleging cruelty, despite being a liberal-minded individual. She has claimed that I do not allow her to attend nightclubs or spend time with her friends. However, we spend quality time together every weekend, and we even go on vacations overseas. Additionally, my wife frequently purchases high-end branded goods and clothing, which I do not restrict since I earn a decent income and can afford these expenses. I want to know what to do in that divorce case?
When one spouse experiences a sense of distress, letdown, and frustration due to the behavior of the other, it can only be comprehended by considering the surrounding facts and circumstances of their matrimonial life. To assess mental cruelty, the cumulative impact of all the facts and circumstances must be taken into account, instead of considering a single instance of misconduct in isolation.
It is not appropriate to evaluate whether a specific behavior alone is enough to constitute mental cruelty. The proper approach is to examine the evidence as a whole and draw a fair inference regarding whether the petitioner has been subjected to mental cruelty due to the conduct of the other party.
Cruelty may stem from intangible and non-physical actions that cannot be substantiated with evidence, yet they are still perceptible. This statement pertains to a particular set of circumstances in which the other party has deprived the applicant of marital happiness and failed to participate on the wedding night, as well as subsequent occasions. Although such actions may not be physical, they can still be felt and experienced.
The principles mentioned earlier pertain to cases of mental cruelty. As none of these factors are present in your case, the divorce case will not be sustainable. It is advisable to contest the case, as your wife lacks evidence to substantiate any claims of cruelty, be it mental or physical. With proper legal representation and evidence to support your case, it is highly likely that the court will dismiss this case. In Dr. N.G. Dastane v. S. Dastane, (1975) 2 SCC 326 the supreme court has held that
Cruelty for the purpose of Section 13(1)(i-a) is to be taken as a behaviour by one spouse towards the other, which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other.
Based on the information provided, it appears that there are no circumstances in your case that would support your wife's claims. As a result, there is a slim chance that her case will hold up in court. It is recommended that you gather evidence to demonstrate that there were no restrictions placed on your wife's daily activities, including foreign trips and other expenses.
Additionally, it should be noted that preventing your wife from attending nightclubs does not necessarily constitute cruelty. Therefore, this particular claim can be challenged in court. By presenting a strong case with proper evidence, there is a good chance that you will emerge successful in the divorce proceedings.
Wife has taken different ground in the maintenance petition. My wife has filed a case for the interim maintenance under section 24 of the Hindu marriage act. When the matter has been listed for the evidence my wife started to adduce evidence regarding the criminal cases which was filed by my parents against my wife. One of them is related to the senior citizen act 2007. My advocate resisted that the evidence regarding the criminal cases and cases filed by in-laws are irrelevant because the wife did not mention that facts in the plaint. But the court refused and allowed the interim maintenance.
Asked from: Uttar Pradesh
According to section 10 of the family courts act 1984, the provisions of code of civil procedure apply however, the court has the power to formulate its own procedure. It is settled principle of law that no amount of evidence can be looked into unless a fact is pleaded is applicable in this case. The facts regarding the institution of criminal cases were not pleaded in the plaint. Therefore, the court should refuse to accept the evidence towards the criminal cases.
You should file a revision against the order of the court. This order is not good because the court has admitted evidence to which no pleading was made by the party who has adduced that evidence. Thus the decision of the court has no basis in devoid of non-admissibility of evidence.
Husband has cold and indifferent attitude. I am a primary teacher in the state of Uttar Pradesh. My husband is also a teacher and working in the same department. We are posted in different schools in different districts. From the last six years we are living apart with our free consent. We never applied for transfer in one school or near to the school of any spouse. In the meantime, my husband filed a civil suit for the restitution of conjugal rights. I had filed my written statement and denied all grounds stated in the plaint. Thereafter, my husband had withdrawn that plaint and filed a case for the divorce on the ground of cruelty. He stated in the plaint that I did not take leave on the engagement ceremony of his sister. This has caused immense insult, inconvenience and mental cruelty. When I came in the marriage of my nanad, my husband humiliated me in front of guests. I remained quiet and did not say anything. Can my husband get divorce?
You did not mention anything about the cold and indifferent attitude of your husband. Therefore, we are unable to give any advise on this particular matter. But so far as the facts of your case are concerned, an important issue has involved i.e. whether divorce can be granted on single incident of cruelty.
It appears from the facts of your case that your husband has not sufficient grounds to seek decree of divorce. Cruelty, however, is a ground of divorce under Section 13 of the Hindu Marriage Act. But single incident of cruelty does not infer that spouses are not able to live together or caused such mental pain and suffering as would make it not possible for that party to live with the other.
It is well settled by now that a solitary instance does not constitute cruelty by itself as has been held in G.V.N. Kameswara Rao v. G. Jabilli, (2002) 2 SCC 296. The supreme court has opined that:
In order to determine if the counter-petitioner's actions constitute cruelty, the court must consider various factors, such as the parties' social status, customs, traditions, and other relevant circumstances. Given the significance of marriage in society, the court must also evaluate whether the counter-petitioner's behavior has made it unbearable for the petitioner to continue living together, rendering coexistence impossible. Only then can the court conclude that the counter-petitioner's actions are cruel. It's important to note that this determination should not be based solely on a single incident, but rather on an overall examination of all pertinent factors.
Therefore, it is not possible to grant a decree of divorce merely and solely on the basis of single incident of cruelty. So far as absent on engagement ceremony is concerned, you have a valid excuse that leave was not granted by the authority even after stated good reason thereof. Such an incident was unintentional thus does not constitute cruelty. It is hypocritical analysis of your husband that it is amount to cruelty.
The primary factor of the matrimonial offense used to be actual physical harm or the reasonable fear of it. However, this belief is now rejected, and the contemporary perspective recognizes that mental cruelty can be even more damaging. It can lead to the injured spouse having a reasonable apprehension that living with the other party is harmful or unsafe. If you are facing such a situation, it is advisable to contest the case and provide all evidence that supports your innocence.
My husband has filed a divorce case against me, but he is the real culprit behind the filing of that civil suit for the divorce. I went to my parental house when my father got injured in a road accident. Soon after I returned back to my matrimonial home but when my father's health deteriorated and once again, he admitted to the hospital, I went to my paternal home for taking care of my father because I am the only child. My son was also live with me, my husband thereafter not willing to live with me. he does not want to take me back and created hindrance since past three years. After three years, he filed a civil suit for the divorce.
Your husband has no right to seek divorce on the ground of desertion if he has deliberately obstructed you to return to your matrimonial home. The facts of your case are suggesting that your husband does not want to live with you, he wants to achieve his goal in the pretext of your compulsion to take care of your father.
In Smt. Tejendra Kaur v. Jogendra Singh reported in 2000 (4) AWC 3137 the Allahabad High Court has opined that if the wife is prepared to live with the husband and if husband is not ready to take her back and if there is no material evidence to support acquisition about the wife treating the husband with cruelty, decree for divorce granted by the Family Court, is to be set aside.
Your husband has no evidence to prove that you have deserted him. In this situation you should collect evidence to prove that whenever you desired to come back your husband either refused or created hinderances. This will assist the court to form an opinion that wife is willing to perform her matrimonial duties, but husband has not allowed her to do so.
In Rishikesh Sharma v. Saroj Sharma reported in 2007 (1) AWC 760(SC), in the case of Samar Ghosh v. Jaya Ghosh reported in 2007 (5) AWC 4820(SC) the Supreme Court has held that marriage in our Hindu society is said to be sacrosanct and is treated with sense of social security specially to the women. For this reason, Apex Court, gave emphasis that stress should always be on preserving the institution of marriage.
You should contest the divorce case and produce evidence which tend to prove the guilt of your husband in living apart for three years.
My husband is mostly living abroad and have open lifestyle. He does not give enough time to me and our children. Therefore, I want divorce on the ground of cruelty. He is a professor in atomic physics. Although he has the opportunity to teach in India but due to his lifestyle he used to live abroad.
Your husband is deliberately neglecting you and not performing his matrimonial obligations. Continuous ill-treatment, cessation of marital intercourse, studied neglect, indifference on the part of the husband amounts to cruelty.
In Shobha Rani v. Madhukar Reddi, (1988) 1 SCC 105 the Supreme Court has expressed it view that conduct of party in treatment of other if amounts to cruelty actual, physical or mental or legal, is a just reason for grant of divorce.
The infliction of cruelty can take various forms, including both mental and physical, and can be either intentional or unintentional. In cases of physical cruelty, the degree of harm is a matter of factual analysis. On the other hand, with mental cruelty, the investigation should first focus on the nature of the cruel behavior, followed by an assessment of its impact on the mental state of the spouse.
Your husband is deliberately living abroad and reluctant to perform his marital duties. Such acts cause adverse impact on the mental state of spouse. In V. Bhagat v. D. Bhagat (Mrs.), (1994) 1 SCC 337 the Supreme Court has held that for mental cruelty to be considered grounds for separation or divorce, it must be of a severity that would make it unreasonable to expect the parties to continue living together. The situation should be such that the aggrieved party cannot be expected to tolerate such behavior and coexist with the other party.
Hence, you can move a civil suit for the dissolution of marriage on the ground of cruelty as enumerated in section 13 of the Hindu Marriage Act.
My wife does not like to live with me can we get divorce on the ground of cruelty or any other ground? Our marriage was solemnised in 2021. My wife is an educated lady and does not want to live with me. She said that if I live in Delhi then I can earn much well than me. On this issue we are not like each other. I heard that the court may grant divorce on the ground of irretrievable breakdown of marriage. Sir, please advise how to proceed further?
Asked from: Rajasthan
As per the facts of your case, there is no ground to file a divorce case. There is no incident of cruelty on the part of your wife. In Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511 the supreme court has held that mere coldness or lack of affection cannot amount to cruelty.
There is also no mental cruelty between you both. In V. Bhagat v. D. Bhagat, (1994) 1 SCC 337 the principle of mental cruelty is also settled by the supreme court. According to it, Mental cruelty in Section 13(1)(i-a) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other.
In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party.
In Vishnu Dutt Sharma v. Manju Sharma, (2009) 6 SCC 379 and Darshan Gupta v. Radhika Gupta, (2013) 9 SCC 1 wherein the Apex Court has held that irretrievable break down of marriage is not a ground for divorce under the Hindu Marriage Act.
In the facts and circumstances of your case, you cannot move any proceeding for the divorce. Hence, you should try to reconcile your matter and live together peacefully.
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