Divorce grounds for Cruelty before Chennai Family Court

The Behavior which causes physical or mental harm to the spouse which is difficult to tolerate the other person beyond their patient level and expectations is yard stick to measure the grounds for cruelty. Mostly cruelty happens within four walls and it is hard to prove due to lack of evidence. So in this circumstances the genuine sufferer will get injustice. The Indian courts has categorized cruelty as follows:- 1. Act of the wife not allowing her husband to live in matrimonial home constitutes both mental and physical cruelty. 2. Where the husband remained unemployed during his stay with his wife and started spending money on liquor indiscriminately, used to come home late at night, gave physical beatings as well as mentally tortured the wife and also demanded share in his wife’s flat. 3. Threatening the husband that she would commit suicide, persuaded husband to leave his parents, filed false case under section 498A of the IPC and also dowry case against husband and his family members. 4. Conduct of the husband of continues abusing and ugly and foul language and also alleging the wife of having an extra-marital relationship without any good reason will make the relation between the parties a soured relation and as such the parties cannot be expected to live together. 5. Verbal abuses and insults by using foul and abusive language, disturbing mental peace and every conduct which causes a mental tension as to affect the health or likely to affect the health of the other spouse will be considered as cruelty. 6. A spouse staying away can cause mental cruelty to the other spouse by sending vulgar and defamatory letters or notices or filing false complaints containing indecent allegations or by initiating number of judicial proceedings making the others spouse’s life miserable. 7. Culture, human value, economic and social conditions will be an important factor in deciding the allegations made in the cruelty. 8. Lack of mutual trust, confidence, faith and having doubt on each other whenever the other spouse fails to answer the call and making remarks on her character will amount to cruelty, rupturing the matrimonial relation and the other spouse cannot be expected to stay in that environment. 9. Where the husband is lethargic, does not work, is parasitical, selfish or callous provides no money for the household or refuses to undertake payment to meet the household expenses, the wife cannot be expected to stay with the husband. 10. Spouses not behaving in a respectful and cordial manner with the parents of each other would be considered as cruelty. 11. Constant insults, abuses and accusations of adulterous character which make the married life impossible to be endured, constitute mental cruelty of a kind worse than physical violence. Above mentioned are just the glimpse of the cases in which the Indian Courts have held the have the cruelty being committed by one spouse towards to the other and the courts cannot expect the other spouse to stay in that house wherein he/she has lost their most cherished fundamental right of life with respect and dignity. The Idea of bringing the cruelty as a ground for divorce is to maintain the self respect and dignity of the spouses living under the same roof and who have decided to stay together for their life in all good and bad times. Last but not the least is that whenever the spouses comes before the court of law to file their cases with the weak evidence or lack of evidence, the cases end up in dismissal and harassment, but after the amendment of the Information Act, 2009 any spouse can keep a audio or video recording, messages etc. to be used in the court of law to ensure the spouse who committed the cruelty. Article by Advocate Mrs.Bobby Portia Alex ( Leading Lady Lawyer in Chennai) Those who are affected by cruelty can Talk to the Top Lady Divorce Lawyer in Royapuram @ 9551716256

Guidelines to fix interim maintenance to Indian Wife.

The section 24 of the Hindu Marriage Act provides Hindu wife to get interim maintenance when the divorce or other family court proceedings are pending. The act and the Indian courts has fixed certain criteria to calculate and assess the maintenance amount to be paid by the Husband to wife under S.24 of Hindu Marriage Act. The Hindu marriage Act says that both the income of the wife and husband should be assessed before fixing the interim maintenance. Without determining the husbands income the court cannot fix the maintenance amount to the wife. Section 24 of the Hindu Marriage Act also provides maintenance to the husband from the wife. On considering the income tax returns to fix the husbands income the court in VD Mehta V. KV Mehta states that the income tax returns do not reflects true position of income of a party for several reason, and cannot be taken as a sole guide for income of the party in maintenance proceedings. If wife is taking the support of father and brother then also it is not considered in assessing the quantum of maintenance to be awarded by the court cost of litigation The cost of litigation shall also include what is spent by the applicant for travelling a distance from place of her residence to the court and if woman travels a long journey and require assistance than husband would required to pay the expenses for both the persons. Maintenance of the Children If Children are under the protection of the wife, the court will be justified in taking that circumstances into account in awarding maintenance to the wife. The Supreme court case in Jasbit Kaur sehgal V. District Judge Dehradun & Ors has held that no doubt section 24 of HMA talks about maintenance to wife during the pend ency of proceedings but this section cannot be read isolation and cannot be restricted meaning to hold that it is maintenance to the wife alone. Husband Refused to pay maintenance If the husband refuses to pay the maintenance amount then the execution of the order of maintenance is not only one remedy the wife can obtain, but stay on proceedings if initiated by the husband can also be obtained from the court. Quantum of Maintenance On fixing the Quantum of maintenance it should be determined from an estimate of monthly income allowing for uncertainties, total number of dependents including wife and then fixing share of respondent. The wife cannot claim the maintenance amount beyond reasonable amount. Article by Chennai Leading Divorce Lawyer Mrs.Bobby Portia Alex Talk to the Leading Divorce Lawyer in Tondiarpet @ 9884336772