Roohi Nazeer
Asked September 07, 2016

Abuse by husband, divorce, and maintenance

  • 1 Answer
  • 757 Views

I am 33 years old married since 9 years having a son, my husband works in police dept, i had an affair before marriage which my husband got to know before marriage itself but still got married later i was in touch with that guy in phone used not meet frequently after marraige but one day decided to meet & got caught but he later forgived me for that act, and lived 9 years by having a son, but two years before in oct 2014 he stared to quarel, use abusive words, as he is in police dept. he says iam not afaird of anything no body do anything to me i vil not live wid do what ever you want, i came back to mothers place since then till date in am staying with my parents, he wants to divorce me. what should i do please guide me. my son stays with me his father is not giving any money to feed him so iam working so that i should be a burden on anybody.

Answer 1

Answer by Sammanika Rawat, Researcher:

 

We are sorry to hear about your situation. 

 

We would like to advice you that if your husband is willing to have a mutual divorce, you chould consent to it. However if he is not willing to give you divorce, and you want one, then you can approach the court for separation. You can cite cruelty and physical abuse, if being carried out against you, as grounds for divorce. You can present before the court that since your husband used force on you on multiple times which eventually resulted in you deserting him and even when you deserted him and started living with your paternal family, he did not take any steps to preserve your marriage.  Please note the Hon'ble Supreme Court has held that[1]:

"It is now beyond cavil that if a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce."

In a 2003 Supreme Court case which had facts similar to your case, the Court said[2]:

"We find that they are of such quality, magnitude and consequence as to cause mental pain, agony and suffering amounting to the reformulated concept of cruelty in matrimonial law causing profound and lasting disruption and driving the wife to feel deeply hurt and reasonably apprehend that it would be dangerous for her to live with a husband who was taunting her like that and rendered the maintenance of matrimonial home impossible."

"As to what constitute the required mental cruelty for purposes of the said provision, in our view, will not depend upon the numerical count of such incidents or only on the continuous course of such conduct, but really go by the intensity, gravity and stigmatic impact of it when meted out even once and the deleterious effect of it on the mental attitude, necessary for maintaining a conducive matrimonial home."

In addition you can also prove that your husband is not interested about the welfare of his own child which is a paramount consideration and even without considering the welfare of his own family he has resorted in filing the petition for dissolution of the marriage, also since he never bothered to inquire about the child, you can demand the child’s custody.

Please note that though you can claim alimony as well as maintenance from the court, but if you can single-handedly manage the finances/maintain yourself, you can give up the claim for alimony and maintenance. This will expedite your case as your husband is himself seeking divorce.   

 

 

[1] K. Srinivas vs. K. Sunita, (2014) 16 Supreme Court Cases, 34 2014 Indlaw SC 777

[2] Vijaykumar Ramchandra Bhate v Neela Vijaykumar Bhate, (2003) 6 SCC 334

Agree Comment 0 Agrees about 4 years ago

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