CRUELTY AGAINST MEN

CRUELTY AGAINST MEN( MENTAL HARASSMENT) GROUND FOR DIVORCE 




  • Hindu Marriage Act, 1955 has been dealing with cruelty as a ground of divorce regardless of any religious denomination and is available to all sections of society against whom such cruelty has been initiated. 

  • Section 13 of the Hindu Marriage Act provides for cruelty as grounds for divorce which is defined as unjustifiable conduct that may cause danger to life, limb, or health of a person which may be understood as physical cruelty. 
  • Another form of cruelty which section 13 provides for is the mental harassment of a person with the intention of causing distress, discontentment and depression to the suffering party 
  •  Cruelty is mostly used as a ground of divorce by women in order to act as a judicial ground for divorce with the balance of the weight turning in favor of the female petitioner in case of divorce. 
  • However, various High courts and even the Hon’ble Supreme Court in various judgements and through various petitions have ruled that as a ground of divorce it is available not only to the wives in general but the husbands may also seek divorce on grounds of mental harassment in relation to cruelty. 
  • In various judgements for ex. Sadhana srivastava vs Arvind srivastava making false allegations against husband of having illicit relationship and extra marital affairs by wife in her statement amounts to mental cruelty such that the husband is unable to live with the wife and has also to face defamation.   
  • In another case of Samar Ghosh vs Jaya Ghosh whereby the wife unilaterally decided that there would be no children in the marriage and also did not perform her matrimonial duties and ill treated her husband not taking care of his health and even not cooking for him which led that court held such acts to be of mental cruelty. 
  • In the recent case joydeep majumdar vs bharti majumdar it was held by the Supreme court that a wife leveling allegations of adultery and defamatory statements against her husband reduces his image in the society and also affects his career and thus amounts to mental cruelty

Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…

contact us for 24 hours free legal assistance at 8800548696





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