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Case laws: situations in Hindu marriage vlc media player win 64 bit where a wife was held as cruel to the husband and the Hindu divorce law was applied by the Supreme Court:.
Wife refusing to have sex with husband without any sufficient reasons which can be considered as a ground of cruelty and husband can file a divorce petition.
Cruelty is an inhuman treatment and it is an act that causes mental sufferings and endangers to the life and health of the other.Cruelty may be in the form of physical as well as mental by the act either of the husband or the wife.Cruelty is the main ground to seek divorce as defined under Sec 13(1) (i-a) of The Hindu Marriage Act, 1955 and party who is filing a case must prove that living between husband and wife became impossible.According to Westmark Marriage has been often like as an institution made by itself.There are many provisions made applicable for the protection of the women, which has got recognition from our constitutional law.According to this case it has been observed that where a wife who refuses to prepare tea for the husbands friends was declared by the court as cruelty to husband.Anil Bharadwaj v Nimlesh Bharadwaj (AIR 1987 Del 111).Freedoms of education, job opportunities, economic independence and social attitude have brought tremendous change in the status of women.Pressuring husband to leave his home, insisting for the separate residence, mentally torture and disrespectful behavior towards husband and in-laws as well.Misuse of Dowry Laws, Domestic Violence Act and Sec: 498-A of IPC by wife against husband and in-laws of husband through lodging false complaints.Cruel behavior of wife where wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mangalsutra in the presence of husbands relatives.Wife opting out for second marriage without applying for the divorce proceedings.According to the Section 498-A of the IPC the wife and her parental family can charge any or all of the husbands family of physical or mental cruelty but genuineness of the case has to be looked into by the court as this section.The balance of scale has tilted reversely in favour of women.Surendranath (AIR 1985 All 253).The biased nature of these laws is evident from that fact that unlike almost all laws in india the burden to prove innocence lies on the accused and this means as soon as the complaint is made by the aggrieved person/ wife, the result.
Some other grounds of cruelty.e.
The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relatives,.e.
According to this case a wife who refuses to have sexual intercourse with the husband without giving any reason was proved as sufficient ground which amounts to cruelty against husband.Extra-marital affairs of wife can also be a ground of cruelty against the husband.Abusing and accusing husband by way of insulting in presence of in-laws and in some cases wife abusing husband in front of office staff members.Mental disorder and unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife suffering from the filarial.Though it is the women who have always been subjected to be tortured and harassed by the husband and relatives, in fact saying this will not be proper as cases of torture and harassment against the husband by the wife is increasing day by day.Lowering reputation of the husband by using derogatory words in presence of family members and elders.Dhawesh pahuja, in India where marriage is the union between man and woman to get social status in the society and marriage is nothing but procreation and caring of the child.Though the amendments introduced in the penal code are with the laudable object of eradicating waring professional double waffle maker manual the evil of Dowry, such provisions cannot be allowed to be misused by the parents and the relatives of a psychopath wife who may have chosen to end her life.Though cases filed by wife against husband and in-laws under Domestic Violence Act and 498-A of IPC to claim maintenance and divorce but all complaints are not filed bona-fidely.Desertion by wife which means wife deliberately intending for separation and to bring cohabitation permanently to an end.