Anonymous
Asked December 29, 2016

Marital Dispute

  • 1 Answer
  • 287 Views

my marriage on 19/12/2010 occurred at a remote village.my wife was from that village .i have a child of 6years. after marriage my wife started to complaining about me to the relatives and always used bad language to me and said that was routine language in her village.after complaining to her father he didn't responded me.we had a quarrel on 04/07/2015 she left my home from that date .after my relatives gathered and brought my wife on 15/7/2016 .after this long time i found pregnancy test kit in her tuition bag ,but we didn't had any physical relationship in 9 months because she wanted some time.i called her parents and told them this thing they took it normally and said stay calm .after she quarreled with me and again left my home on 05/10/2016.she regularly changed her sim cards and hide her phone and regularly clicked photos .after leaving my home she filed a n/c in local police station about quarrel and beating her.and filed a complaint in local police mahila aayog .i have been present for 6 dates she always say i want to go,but she gets another date .so i filed rcr petition but she has not received the notice till .now my wife and her in-laws threaten me and my relatives with bad language in marriages ,say they will rot me in jails and say aur bhi hum kuch kar sakte hai . what shoul i do now.they are pressuring to do something wrong to my life.she ha snot taken the child with her and not phoned him .sir what should i do ? they say itne case karenge ki teri aur tere gharwalo ki umar jail me nikal jayege.hamare paas bahut proof hai..sir please help me ??

Answer 1

There are two ways you can go about with your present marriage status.

First, since you have filed a RCR, the following can be the probable consequences. As per the mode of execution of the decree of RCR, given in the Code of Civil Procedure, 1908(CPC), if the respondent, i.e. your wife, has wilfully or intentionally failed to obey such a decree after she has been given an opportunity to do so, the court may, attach the property of your wife. If within one year after such order of attachment, the decree of RCR is not followed, the attached property may be sold. Out of the Sale, the court may award compensation to you, as the petitioner, according to what the court think fit.

The conditions to be satisfied for obtaining a decree of RCR are as follows:

(i) The other spouse, i.e. your wife has withdrawn from the society of the petitioner.

(ii) There is no reasonable excuse for such withdrawal. If your wife alleges any ‘reasonable excuse’, she will have to prove that. As observed by the High Court of Kerala in the case, Annie Thomas vs Pathrose, ‘What is “reasonable excuse” depends upon the facts and circumstances of each case…It should be more than

mere whim” 1

(iii) The court has to be satisfied regarding the truth of the statements you make in the RCR petitions.

Second, you could file for divorce or judicial separation on grounds of Cruelty and Adultery. Section 13(1)(ia) of the Hindu Marriage Act, 1955 states that a marriage may be dissolved on the ground that the other party has treated the petitioner with cruelty [1 (1998) 2 KLT 237]. Mental cruelty can be broadly understood as the conduct which one party inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. Regular use of abusive language and continuously threatening to file false cases can be held as a mental cruelty. The High of Bombay had observed, “Physical violence is not absolutely

essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the Act (Hindu Marriage Act, 1955). Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party.” 2

Also, the fact you have reasons to suspect adulterous relationship of your wife with someone else, can be a ground for divorce or judicial separation under section 13(1)(i) and Section 10(1) of the Hindu Marriage Act, 1955. After the 1976 amendment, even a single act of voluntary sexual intercourse by a party with any person other than his/her spouse is sufficient to prove adultery. 3 Not only this, if you are able to prove adultery, you can claim damages from the co-adulteror , i.e. the man with whom your wife had engaged in an adulterous relationship. 4 Your wife may file a case under section 498-A of the Indian Penal Code, (IPC). However, that does not mean immediate arrest of you and your family members. As observed by the Supreme Court of India in the case, Arnesh Kumar vs. State of Bihar, 2014 5 , the fact that Section 498-A is a cognizable and non-bailable offence made it the simplest way to harass and to get the husband and his relatives arrested under this provision. Therefore, the court held that the Police should arrest a person when he is satisfied that he has committed the offence. In a situation where the Police Officer is not convinced and is still investigating, he should arrest the person unless such an arrest is required to prevent the suspect from committing another offence. A police officer can make an arrest only if they have reason to believe on the basis of information and material that the accused has committed the offence. Therefore, a complaint by your wife will not be enough for the Police to arrest you. Even in the possible scenario that the police arrests you on no ground then you have to option of challenging the arrest as well. The detention of the accused in the police custody depends upon the Magistrate, under Section 167 of the CrPC and filing of a case under Section 498-A of the IPC does not mean immediate arrest.

SOURCES:

 Kusum, K. and Saxena, P.P., 2008. Family law lectures. LexisNexis Butterworths.

 http://timesofindia.indiatimes.com/city/chennai/False-case- and-allegations- amount-to- cruelty-divorce- valid-C/articleshow/17321729.cms

 http://www.legalserviceindia.com/helpline/grounds_for_divorce.htm

2 Aldino Santos Braganza v. Marle Dos Santos Braganza 2008 (3) AIR Bom. R 808 (DB

3 Amita vs. A.K. Rathore, (2000) 1 HLR 588 (MP)

4 Brojendra Kumar Ghosh Vs. Mrs. Arpana Ghosh and Anr. MANU/WB/0087/1982

5 Arnesh Kumar vs. State of Bihar AIR2014SC2756

 http://www.legalserviceindia.com/helpline/adultery.htm

 http://www.legalserviceindia.com/articles/abol.htm

 http://judis.nic.in/supremecourt/imgs1.aspx?filename=41736

Agree Comment 0 Agrees almost 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.