ABSTRACT ABSTRACT
It is indeed a misfortune that the law which was enacted to protect the interest It is indeed a misfortune that the law which was enacted to protect the interest of a particular group of people is now being used by the same group of people i of a particular group of people is now being used by the same group of people i n a fallacious manner. Earlier it was believed that women can only be subject to n a fallacious manner. Earlier it was believed that women can only be subject to cruelty by their husband and relatives but now the whole conception and presump cruelty by their husband and relatives but now the whole conception and presump tion has undergone a drastic change. Women often use the backing of law as a too tion has undergone a drastic change. Women often use the backing of law as a too l to satisfy their personal hatred towards their husband and his family members. l to satisfy their personal hatred towards their husband and his family members. Huge backlog of cases in courts and frequent petition under section 498A of IPC Huge backlog of cases in courts and frequent petition under section 498A of IPC shows us the reality of the situation. As cruelty is a ground for divorce under shows us the reality of the situation. As cruelty is a ground for divorce under different laws, in order to get rid of the marriage wife use this section as a different laws, in order to get rid of the marriage wife use this section as a powerful weapon against their husband.
powerful weapon against their husband.
This paper is a humble attempt to find out what all acts/omissions amounts to cr This paper is a humble attempt to find out what all acts/omissions amounts to cr uelty. How women use the loopholes in law to work for their own benefit? Authors uelty. How women use the loopholes in law to work for their own benefit? Authors also intend to explore and find out reason as to why such practice is increasin also intend to explore and find out reason as to why such practice is increasin g day by day with the aid of recent case laws. Towards the end authors aim to fi g day by day with the aid of recent case laws. Towards the end authors aim to fi nd out possible suggestions in order to deal with the issue.
nd out possible suggestions in order to deal with the issue. I. Introduction
I. Introduction
The concept of cruelty has varied from time to time, place to place and from ind The concept of cruelty has varied from time to time, place to place and from ind ividual to individual. The cruelty alleged may largely depend upon the type of l ividual to individual. The cruelty alleged may largely depend upon the type of l ife the parties are accustomed to or their economic and social conditions, their ife the parties are accustomed to or their economic and social conditions, their cultural and human values to which attaches importance(Vinita Saxena v. Pankaj cultural and human values to which attaches importance(Vinita Saxena v. Pankaj Pandit, (2006) 3 SCC 778).
Pandit, (2006) 3 SCC 778).
Cruelty is considered as a ground for divorce in various laws. Often wife and th Cruelty is considered as a ground for divorce in various laws. Often wife and th eir relatives take advantage of this ground in order to use it as a powerful wea eir relatives take advantage of this ground in order to use it as a powerful wea pon to threaten husband and their relatives. Some provisions under different law pon to threaten husband and their relatives. Some provisions under different law s are:
s are:
· Section 13 of The Hindu Marriage Act, 1955: Under section 13 of The Hindu marria · Section 13 of The Hindu Marriage Act, 1955: Under section 13 of The Hindu marria ge act, cruelty is a ground for divorce.
ge act, cruelty is a ground for divorce.
· Section 27 of The Special Marriage Act, 1954, provides for 12 grounds for divorc · Section 27 of The Special Marriage Act, 1954, provides for 12 grounds for divorc e. One of them is cruelty.
e. One of them is cruelty.
· Section 2 of The Dissolution of Muslim Marriages Act, 1939 also provides for dis · Section 2 of The Dissolution of Muslim Marriages Act, 1939 also provides for dis solution of the marriage on the ground of cruelty.
solution of the marriage on the ground of cruelty.
· Section 32 of The Parsi Marriage and Divorce Act, 1936, provides for 11 grounds · Section 32 of The Parsi Marriage and Divorce Act, 1936, provides for 11 grounds for divorce. One of them is cruelty.
for divorce. One of them is cruelty.
· Section 10 of The Indian Divorce Act, 1869, provides for 7 grounds of dissolutio · Section 10 of The Indian Divorce Act, 1869, provides for 7 grounds of dissolutio n of marriage of Christians. One of them is adultery coupled with cruelty.
n of marriage of Christians. One of them is adultery coupled with cruelty.
Every law has its backside. People often tend to mis-use laws to satisfy their p Every law has its backside. People often tend to mis-use laws to satisfy their p ersonal needs while ignoring the main purpose for which the law was enacted. Now ersonal needs while ignoring the main purpose for which the law was enacted. Now a days, the laws which were enacted to prevent the interest of women act as a s a days, the laws which were enacted to prevent the interest of women act as a s trong weapon of harassment and cruelty against men. Though it is the women who h trong weapon of harassment and cruelty against men. Though it is the women who h ave always been subjected to be tortured and harassed by the husband and relativ ave always been subjected to be tortured and harassed by the husband and relativ es, in fact saying this will not be proper as cases of torture and harassment ag es, in fact saying this will not be proper as cases of torture and harassment ag ainst the husband by the wife is increasing day by day.
ainst the husband by the wife is increasing day by day. II.
II. Grounds Grounds for for crueltycruelty A wife's conduct of: A wife's conduct of:
- humiliating her husband in the presence of family members and friends (Krishna - humiliating her husband in the presence of family members and friends (Krishna
Banerjee v. Bhanu Bikash Bandyopadhyay , AIR 2001 Cal 154), taunting her husban Banerjee v. Bhanu Bikash Bandyopadhyay , AIR 2001 Cal 154), taunting her husban d on his physical incapabilities, denying him access to physical relationship, W d on his physical incapabilities, denying him access to physical relationship, W ife opting out for second marriage without applying for the divorce proceedings, ife opting out for second marriage without applying for the divorce proceedings, deliberately wearing clothes which her husband dislikes, neglect, Extra-marital deliberately wearing clothes which her husband dislikes, neglect, Extra-marital affairs
affairs of wife of wife can also can also be a be a ground of cruelty ground of cruelty against the against the husband, husband, coldnesscoldness and insult, threatening to commit suicide, keeping husband outside the door of h and insult, threatening to commit suicide, keeping husband outside the door of h ouse, Cruel behavior of wife where wife tearing the shirt of the husband, refusi ouse, Cruel behavior of wife where wife tearing the shirt of the husband, refusi ng to cook food properly or on time and breaking of the mangalsutra in the prese ng to cook food properly or on time and breaking of the mangalsutra in the prese nce of husband
nce of husbands relatives, visiting her parent's family off and on against her hus relatives, visiting her parent's family off and on against her hu sband's wishes, undergoing an abortion despite her husband asking her not to do sband's wishes, undergoing an abortion despite her husband asking her not to do so, refusing to do household work, complaining to husband's employer, disobedien so, refusing to do household work, complaining to husband's employer, disobedien ce.
ce.
All these are not acts of physical violence but yet it has an effect on the husb All these are not acts of physical violence but yet it has an effect on the husb and's mind and due to this, the husband's health suffers and therefore these act and's mind and due to this, the husband's health suffers and therefore these act s can be termed as cruel (Sudhir Shah & Asscociates , Cruelty as a Ground For Di s can be termed as cruel (Sudhir Shah & Asscociates , Cruelty as a Ground For Di vorce).
vorce).
There are countless case laws dealing with the subject of cruelty which may be r There are countless case laws dealing with the subject of cruelty which may be r eferred here but even then it is fact that no hard and fast rules can be laid do eferred here but even then it is fact that no hard and fast rules can be laid do wn as to what act or conduct will amount to cruelty in any given case.What may a wn as to what act or conduct will amount to cruelty in any given case.What may a mount to cruelty in one case may not amount to cruelty in another case.
mount to cruelty in one case may not amount to cruelty in another case.
Mental cruelty broadly means; when either party causes mental pain, agony or suf Mental cruelty broadly means; when either party causes mental pain, agony or suf fering of such a magnitude that it severs the bond between the wife and husband. fering of such a magnitude that it severs the bond between the wife and husband. In other words, the party who has committed wrong is not expected to live with In other words, the party who has committed wrong is not expected to live with the other party (S.Hanumantha Rao v. S.Ramani, AIR 1999 SC 1318). Making false a the other party (S.Hanumantha Rao v. S.Ramani, AIR 1999 SC 1318). Making false a llegations by wife against the husband amounts to mental cruelty.
llegations by wife against the husband amounts to mental cruelty.
In order to consummate marriage, ordinary and complete sexual intercourse must t In order to consummate marriage, ordinary and complete sexual intercourse must t ake place
ake place (Gudivada Venkateswararao (Gudivada Venkateswararao v. v. Gudivada Nagamani, Gudivada Nagamani, AIR 1962 AIR 1962 AP 151). AP 151). IfIf the serious allegations against husband having illicit relationship with another the serious allegations against husband having illicit relationship with another woman leveled by wife in written statement remain unsubstantiated, it amounts t woman leveled by wife in written statement remain unsubstantiated, it amounts t o cruelty against husband (Surinder Mohan Chopra v. Nirmala Chopra, AIR 2007(DOC o cruelty against husband (Surinder Mohan Chopra v. Nirmala Chopra, AIR 2007(DOC ) 183 (P & H)(DB). Marriage would be avoided or dissolved on the ground of impot ) 183 (P & H)(DB). Marriage would be avoided or dissolved on the ground of impot ence if it is established that at the time of marriage either spouse was incapab ence if it is established that at the time of marriage either spouse was incapab le of effecting the consummation, either due to structural defect in the organs le of effecting the consummation, either due to structural defect in the organs of generation rendering complete sexual intercourse impracticable or due to some of generation rendering complete sexual intercourse impracticable or due to some other cause.
other cause.
The wife leveled charge of second marriage on husband, placing reliance on voter The wife leveled charge of second marriage on husband, placing reliance on voterss list. It was held that the electoral roll was not cogent evidence to prove seco list. It was held that the electoral roll was not cogent evidence to prove seco nd marriage of husband (Raj Kumari Jaiswal v. Ramesh Kumar Jaiswal ,AIR 2007 Cal nd marriage of husband (Raj Kumari Jaiswal v. Ramesh Kumar Jaiswal ,AIR 2007 Cal 94).
94).
Adultery can be a ground for dissolution of marriage. False allegation of adulte Adultery can be a ground for dissolution of marriage. False allegation of adulte ry against husband amounts to divorce (Prem Chand Pandey v. Savitri Pandey ,AIR ry against husband amounts to divorce (Prem Chand Pandey v. Savitri Pandey ,AIR 1999 All 43).
1999 All 43).
In case of Bipin Chandra Jaisinghbhai Shah Vs Prabhawati ,(1956) SCR 838 the ess In case of Bipin Chandra Jaisinghbhai Shah Vs Prabhawati ,(1956) SCR 838 the ess ential conditions for the offence of desertion are prescribed as regards deserti ential conditions for the offence of desertion are prescribed as regards deserti ng spouse:
ng spouse:
· The factum of separation · The factum of separation
· Intention to bring co habitation permanently to an end · Intention to bring co habitation permanently to an end As regards deserted spouse:
As regards deserted spouse: · Absence of consent
· Absence of conduct giving a reasonable cause to the spouse leaving the matrimoni · Absence of conduct giving a reasonable cause to the spouse leaving the matrimoni al home for the necessary intention.
al home for the necessary intention.
Where the husband himself, his sister and his parents were always crazy to have Where the husband himself, his sister and his parents were always crazy to have a child in the family but the wife always dashed their hopes by resorting to ter a child in the family but the wife always dashed their hopes by resorting to ter mination of pregnancy twice, this conduct of the wife amounts to mental cruelty mination of pregnancy twice, this conduct of the wife amounts to mental cruelty at least, if not physical to her husband and the husband
at least, if not physical to her husband and the husbands will within his right ts will within his right t o claim decree of divorce on that ground (Satya v. Siri ram, AIR 1983 P & H 252) o claim decree of divorce on that ground (Satya v. Siri ram, AIR 1983 P & H 252) .
.
If the husband takes the plea of cruelty by wife, then the burden lies on him to If the husband takes the plea of cruelty by wife, then the burden lies on him to establish his case (R.Sivasubramaniam v. S. Krishnaveni, (AIR 2007 (NOC) 584 (M establish his case (R.Sivasubramaniam v. S. Krishnaveni, (AIR 2007 (NOC) 584 (M ad)).
ad)).
It is no doubt open for the petitioner husband in a petition for divorce on grou It is no doubt open for the petitioner husband in a petition for divorce on grou nd of cruelty to seek a decree of divorce on grounds arising out of charges leve nd of cruelty to seek a decree of divorce on grounds arising out of charges leve led in the written statement by the respondent wife which amounts to cruelty (Se led in the written statement by the respondent wife which amounts to cruelty (Se ction 13, Hindu Marriage Act,1955). The wife tearing of bridal garland on the ma ction 13, Hindu Marriage Act,1955). The wife tearing of bridal garland on the ma rriage day itself also amounts to cruelty (J.Sudhakara Shenoy v. Vrinda Shenoy , rriage day itself also amounts to cruelty (J.Sudhakara Shenoy v. Vrinda Shenoy , AIR 2001 Karn 1)
AIR 2001 Karn 1)
In this case petitioner/wife filed a false case against her husband on the groun In this case petitioner/wife filed a false case against her husband on the groun d of
d of Husband Having Girl FriendHusband Having Girl Friend which is proved as false in a court of law so it c which is proved as false in a court of law so it c an be considered as cruelty against husband(Mrs. Deepalakshmi Saehia Zingade v.
an be considered as cruelty against husband(Mrs. Deepalakshmi Saehia Zingade v. Sachi Rameshrao Zingade, AIR 2010 Bom 16).
Sachi Rameshrao Zingade, AIR 2010 Bom 16).
Wife leading immoral life amounts to cruelty. The wife had illicit relations wit Wife leading immoral life amounts to cruelty. The wife had illicit relations wit h another person. it was held that the conduct of wife amounted to mental cruelt h another person. it was held that the conduct of wife amounted to mental cruelt y and hence the order decreeing divorce in favor of husband was proper (Vimla La y and hence the order decreeing divorce in favor of husband was proper (Vimla La dkani v. Dr Chandra Prakash Ladkani, AIR 1996 MP 86).
dkani v. Dr Chandra Prakash Ladkani, AIR 1996 MP 86).
Acts of commission by a woman in filing a criminal complaint against her husband Acts of commission by a woman in filing a criminal complaint against her husband and his relatives resulting in the husband being in distress in jail constitute and his relatives resulting in the husband being in distress in jail constitute mental cruelty to him and, therefore, he is entitled to get the relief of divor mental cruelty to him and, therefore, he is entitled to get the relief of divor ce, the Madras High Court has held. The judges said what conduct would amount to ce, the Madras High Court has held. The judges said what conduct would amount to cruelty was a question of fact to be decided on the facts and particulars of ea cruelty was a question of fact to be decided on the facts and particulars of ea ch case. Citing a Supreme Court judgment, the Judges observed that cruelty would ch case. Citing a Supreme Court judgment, the Judges observed that cruelty would normally consist not of harmful acts but of injurious reproaches, complaints, a normally consist not of harmful acts but of injurious reproaches, complaints, a ccusations or taunts. It should be established that one party in the marriage, i ccusations or taunts. It should be established that one party in the marriage, i gnoring consequences, had misbehaved, which the other party could not be called gnoring consequences, had misbehaved, which the other party could not be called upon to endure, and that misconduct had caused injury to health or a reasonable upon to endure, and that misconduct had caused injury to health or a reasonable apprehension of such injury (K. T. Sangameswaran, Man granted divorce on grounds apprehension of such injury (K. T. Sangameswaran, Man granted divorce on grounds of cruelty, June 4, 2012, The Hindu).
of cruelty, June 4, 2012, The Hindu).
Distress and social humiliation heaped on a husband by his wife by filing a fals Distress and social humiliation heaped on a husband by his wife by filing a fals e complaint and getting him arrested would amount to cruelty, which is a valid g e complaint and getting him arrested would amount to cruelty, which is a valid g round for divorce, the Madras high court has said. A division bench comprising J round for divorce, the Madras high court has said. A division bench comprising J ustice Elipe Dharma Rao and Justice M Venugopal, passing orders on an appeal fil ustice Elipe Dharma Rao and Justice M Venugopal, passing orders on an appeal fil ed by a man, said: "The mental cruelty will continue to hurt a person throughout ed by a man, said: "The mental cruelty will continue to hurt a person throughout and any amount of healing words or healing touch would not wipe out the tears/s and any amount of healing words or healing touch would not wipe out the tears/s cars, which continue to cause hurt and prick one's life." The bench said filing cars, which continue to cause hurt and prick one's life." The bench said filing of a criminal case, the man's detention in judicial custody for twenty-two days of a criminal case, the man's detention in judicial custody for twenty-two days and his acquittal by the criminal court clearly constituted mental cruelty meted and his acquittal by the criminal court clearly constituted mental cruelty meted out to him, who admittedly would have undergone a traumatic experience and humi out to him, who admittedly would have undergone a traumatic experience and humi liation in the social circle. All these acts would clearly fall within the ambit liation in the social circle. All these acts would clearly fall within the ambit and purview of cruelty," the bench concluded, adding that the husband was entit and purview of cruelty," the bench concluded, adding that the husband was entit led to the relief of divorce. The man had filed a divorce plea in the family cou led to the relief of divorce. The man had filed a divorce plea in the family cou rt on the ground that his wife quarreled with him and his family members for tri rt on the ground that his wife quarreled with him and his family members for tri vial matters and frequently threatened to commit suicide unless he agreed to sep vial matters and frequently threatened to commit suicide unless he agreed to sep arate from the joint family. His petition said she later lodged a complaint of d arate from the joint family. His petition said she later lodged a complaint of d
owry harassment and ill-treatment against him and six of his family members (A S owry harassment and ill-treatment against him and six of his family members (A S ubramani, Man gets divorce for harassment by wife, Jun 2, 2012, The Times of Ind ubramani, Man gets divorce for harassment by wife, Jun 2, 2012, The Times of Ind ia).
ia). III.
III. Section Section 498A 498A of of IPC IPC and and its its mis-usemis-use
Initially section 498A came into existence in order to protect women from dowry Initially section 498A came into existence in order to protect women from dowry harassment and domestic violence. But presently, the instances of misuse of this harassment and domestic violence. But presently, the instances of misuse of this provision have become a daily phenomenon. It is no wonder that Supreme Court in provision have become a daily phenomenon. It is no wonder that Supreme Court in the landmark case of Sushil Kumar Sharma vs. Union of India (2005 (6) SC 266). the landmark case of Sushil Kumar Sharma vs. Union of India (2005 (6) SC 266). has condemned 498A as
has condemned 498A as Legal TerrorismLegal Terrorism. Since cruelty is a ground for divorce under. Since cruelty is a ground for divorce under section 13 (1) (ia) of Hindu marriage Act, 1955. Wife often use this provisions section 13 (1) (ia) of Hindu marriage Act, 1955. Wife often use this provisions in order to threaten husband.
in order to threaten husband.
According to the information received from the Hon
According to the information received from the Honble High Courts (during the yeable High Courts (during the yea r 2011), 3, 40,555 cases under Section 498-A IPC were pending trial in various c r 2011), 3, 40,555 cases under Section 498-A IPC were pending trial in various c ourts
ourts towards towards the the end end of of 2010. 2010. There were as There were as many many as as 9, 9, 38,809 38,809 accused accused implicaimplica ted in these cases excluding Punjab and Haryana courts (243rd report of Law comm ted in these cases excluding Punjab and Haryana courts (243rd report of Law comm ission on section 498A of IPC). This data makes it crystal clear that day by day ission on section 498A of IPC). This data makes it crystal clear that day by day the problem is getting more severe.
the problem is getting more severe.
A strict law in this regard needs to be passed by the parliament in order to pun A strict law in this regard needs to be passed by the parliament in order to pun ish those
ish those who act who act malafidely and malafidely and tries to misguide tries to misguide the system the system of law. of law. Law commiLaw commi ssion
ssion in in its its 243rdreport 243rdreport opined opined that that the the Section Section together together with with its its alliedallied Cr.PC provisions shall not act as an instrument of oppression and cou Cr.PC provisions shall not act as an instrument of oppression and cou nter-harassment and become a tool of indiscreet and arbitrary actions on the par nter-harassment and become a tool of indiscreet and arbitrary actions on the par t of the Police(243rd report of Law commission on section 498A of IPC).
t of the Police(243rd report of Law commission on section 498A of IPC).
When women accuse their husbands under S.498A IPC by making the offence non-bail When women accuse their husbands under S.498A IPC by making the offence non-bail able and cognizable, if the man is innocent he does not get a chance quickly to able and cognizable, if the man is innocent he does not get a chance quickly to get justice and
get justice and justice delayed is justice deniedjustice delayed is justice denied(243rd report of Law commission o(243rd report of Law commission o n section 498A of IPC).
n section 498A of IPC). IV. Suggestions
IV. Suggestions
Women NGOs should not serve as a catalyst to promote frivolous complaints rather Women NGOs should not serve as a catalyst to promote frivolous complaints rather they should fight against false complaints. Trivial matters should be dealt in they should fight against false complaints. Trivial matters should be dealt in trivial manner. Wife and their relatives should be made aware of the consequence trivial manner. Wife and their relatives should be made aware of the consequence s of their act.
s of their act.
It has been observed that, during the pendency of the case filed under section 4 It has been observed that, during the pendency of the case filed under section 4 98A, husband and their relatives are forced to come to court in order to defend 98A, husband and their relatives are forced to come to court in order to defend their case. In the process, even though final verdict is in favour of husband, t their case. In the process, even though final verdict is in favour of husband, t he mental and financial agony suffered during the entire proceeding is also a ma he mental and financial agony suffered during the entire proceeding is also a ma tter of concern. Hence, focus should also be on speedy and prompt disposal of th tter of concern. Hence, focus should also be on speedy and prompt disposal of th e cases. For this some amendments should be brought into force which specifies t e cases. For this some amendments should be brought into force which specifies t ime-period for the same. Unless required, husband should not unnecessarily be bu ime-period for the same. Unless required, husband should not unnecessarily be bu rdened to
rdened to show physical show physical presence. presence. Further, some concepts Further, some concepts should be should be made clear made clear ii n order to do away with ambiguity.
n order to do away with ambiguity.
By now it is clear that the law is tilted towards women. In order to combat with By now it is clear that the law is tilted towards women. In order to combat with the present scenario, law should be made gender neutral. In addition to this, p the present scenario, law should be made gender neutral. In addition to this, p enalty should also be given for making false accusation. It is rightly said that enalty should also be given for making false accusation. It is rightly said that :
:
The significance of the court's directive goes beyond what happens to Section 49 The significance of the court's directive goes beyond what happens to Section 49 8A. It marks a conceptual shift, a turn away from the culture where women were s 8A. It marks a conceptual shift, a turn away from the culture where women were s een only as victims who were incapable of leveling false allegations. The concep een only as victims who were incapable of leveling false allegations. The concep tion of women as the silent suffering sort who could do no wrong has influenced tion of women as the silent suffering sort who could do no wrong has influenced the administration of justice in both open and subtle ways. The assumption of wo the administration of justice in both open and subtle ways. The assumption of wo
men's innocence is apparent in laws devised to deal with rape and other crimes a men's innocence is apparent in laws devised to deal with rape and other crimes a gainst women where the presumption of innocence is not available to the accused gainst women where the presumption of innocence is not available to the accused (Amend dowry law to stop its misuse, SC tells govt, Aug 17, 2010, The Times of I (Amend dowry law to stop its misuse, SC tells govt, Aug 17, 2010, The Times of I ndia).
ndia).
Hence, some flexibility should be there. Hence, some flexibility should be there.
Unlike centers for women, for men no such organization is there. In order to dea Unlike centers for women, for men no such organization is there. In order to dea l with mental torture, some centers across the country should be established. l with mental torture, some centers across the country should be established. IPSITA MISHRA, BA.LLB (HONS.), 3RD YEAR,
IPSITA MISHRA, BA.LLB (HONS.), 3RD YEAR, NATIONAL LAW UNIVERSITY, ODISHA.
NATIONAL LAW UNIVERSITY, ODISHA.
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Why Indian men should be very careful in filing divorce Why Indian men should be very careful in filing divorce 30 Jan 30 Jan 2015 2015 by videv by videv
To understand some of the terminology and context used in this post, reading som To understand some of the terminology and context used in this post, reading som e of the important posts is a must.
e of the important posts is a must.
Now this post will cover the majority of cases of calls and issues received by m Now this post will cover the majority of cases of calls and issues received by m en
ens rights s rights activists (MRAs) activists (MRAs) all over all over India. India. Almost 80-90% Almost 80-90% of callers of callers have been have been ii nto very short marriages, anywhere from 1 year to 3 years where the time wife wa nto very short marriages, anywhere from 1 year to 3 years where the time wife wa s in same home as husband maybe anywhere from few weeks, few months, or maximum s in same home as husband maybe anywhere from few weeks, few months, or maximum maybe 1.5
maybe 1.5 years or years or so. so. So even So even if the if the marriage happened 3 marriage happened 3 years back, years back, the timethe time wife stayed
wife stayed with husband with husband maybe 1.5 maybe 1.5 years or so years or so only. only. These are These are just guidelines.just guidelines. The important
The important thing to thing to understand is understand is wife spent a wife spent a significant time significant time away from away from hh usband in initial few years of marriage and it was not due to practical issues r usband in initial few years of marriage and it was not due to practical issues r elated to job/workplace.
elated to job/workplace.
These husbands were unfortunate to get a bride from feminist/matriarchal familie These husbands were unfortunate to get a bride from feminist/matriarchal familie s, who play by the simple rule that either husband is under their thumbs, or the s, who play by the simple rule that either husband is under their thumbs, or the y file legal/criminal cases on him to extort a
y file legal/criminal cases on him to extort a mutualmutual divorce and settlement runni divorce and settlement runni ng starting from demand of 20 lakhs to no upper limit, or/and properties of husb ng starting from demand of 20 lakhs to no upper limit, or/and properties of husb and
ands family. After that, s family. After that, they may they may enjoy that settlement enjoy that settlement money or money or target their target their nene xt
xt bakrabakra. . But it But it has been has been seen that seen that their intention in their intention in life is life is more about more about destroydestroy ing things and it is probably true that they don
ing things and it is probably true that they dont care about their societal imaget care about their societal image or
or even giving even giving second marriage second marriage any seriousness. any seriousness. For them, For them, the only the only serious busserious bus iness about marriage is how to enslave husband and get his property and money if iness about marriage is how to enslave husband and get his property and money if he balks at it.
he balks at it.
Why most men facing 498A, DV, maintenance etc are into private sector jobs? Why most men facing 498A, DV, maintenance etc are into private sector jobs? My theory is it
My theory is its by s by design, not design, not by chance. by chance. Most of Most of such men such men facing these facing these issuesissues are into
are into professional jobs professional jobs like IT, like IT, finance, BPO etc. finance, BPO etc. Very few Very few will be will be from busfrom bus iness or
iness or such related such related work. work. Also, it Also, it is rarer to is rarer to see men see men from independent from independent profeprofe ssions
ssions like like CA, CA, doctors doctors etc. etc. There There is is a reason a reason behind behind it it too. too. The The conclusion conclusion II have reached is that professionals working in companies are targeted because of have reached is that professionals working in companies are targeted because of the following reasons:
the following reasons:
They are from typical middle-class families, with a mindset of playing by the ru They are from typical middle-class families, with a mindset of playing by the ru les, and
les, and being good being good citizens etc. citizens etc. It is easier It is easier to manipulate to manipulate such families.such families. They start earning well in early part of carrier, and the feminist families targ They start earning well in early part of carrier, and the feminist families targ et them for their ability to pay up possibly large sums of money within few year et them for their ability to pay up possibly large sums of money within few year s of marriage.
s of marriage.
Being from such middle-class mindset, they are especially worried about image in Being from such middle-class mindset, they are especially worried about image in society and police cases and such things.
It is rare also to see those in independent professions like CA, doctors facing It is rare also to see those in independent professions like CA, doctors facing 498A etc, and my guess is the feminist families don
498A etc, and my guess is the feminist families dont target them because they mayt target them because they may start
start to to earn earn well well only only after after putting putting many years many years of of experience. experience. That That kind kind ofof long waiting game is not what the feminist wives and their mothers have in mind. long waiting game is not what the feminist wives and their mothers have in mind.
So they
So they prefer to prefer to target the target the high-earning men in high-earning men in private esp private esp MNC jobs MNC jobs and prefand pref er them as husbands.
er them as husbands.
For those in family business, if one person has a legal case to attend, other fa For those in family business, if one person has a legal case to attend, other fa mily members
mily members or workers or workers can carry can carry out the things out the things in his in his absence. absence. But for But for a profa prof essional working in a 9-6 job, leaving work to attend court becomes a half-day o essional working in a 9-6 job, leaving work to attend court becomes a half-day o r full-day leave from work.
r full-day leave from work.
Why filing divorce can be dangerous for men Why filing divorce can be dangerous for men
Having gone through the problems created by wives and in-laws, many men are fed Having gone through the problems created by wives and in-laws, many men are fed up, mentally tortured, and plainly looking for a way out of daily uncertainty th up, mentally tortured, and plainly looking for a way out of daily uncertainty th at has become their life.
at has become their life. So filing
So filing for divorce for divorce seems like seems like a natural way a natural way to proceed. to proceed. Many of Many of them are them are alsals o misled by the wily wives (and in-laws) who tell them:
o misled by the wily wives (and in-laws) who tell them: letlets file for mutual divors file for mutual divor ce
ce. . Our Our straight/linear straight/linear thinking thinking professional professional men men dondont give a serious thought tot give a serious thought to the question that if the wife wants a divorce anywhere after 1 day to few month the question that if the wife wants a divorce anywhere after 1 day to few month s of marriage, why the hell did she agree to get married in the first place? s of marriage, why the hell did she agree to get married in the first place? No, they don
No, they dont dwell on that question much, because for them wife sayingt dwell on that question much, because for them wife saying letlets go fors go for mutual divorce
mutual divorce almost seems like a Nirvana compared to the being married experie almost seems like a Nirvana compared to the being married experie nce they have seen thus far.
nce they have seen thus far.
If you married daughter from a feminist family, then once you file divorce, any If you married daughter from a feminist family, then once you file divorce, any or all of the following can happen:
or all of the following can happen:
Wife will file DV (domestic violence case), and ask for both monthly maintenance Wife will file DV (domestic violence case), and ask for both monthly maintenance , and compensation.
, and compensation. Or she
Or she may file may file CrPC 125 CrPC 125 and ask and ask for monthly maintenance. for monthly maintenance. Here the Here the advantage foadvantage fo r her is that she may or may not make that serious allegations as in DV, so she r her is that she may or may not make that serious allegations as in DV, so she keeps one option open to show that she can still come back.
keeps one option open to show that she can still come back.
Your wife may file RCR (Restitution for conjugal rights), which means wife says Your wife may file RCR (Restitution for conjugal rights), which means wife says that she
that she wants to wants to come back. come back. Then you Then you get trapped because get trapped because in front in front of the of the familfamil y court, you appear like the dowry-seeking, not-satisfied-with-one-wife kind of y court, you appear like the dowry-seeking, not-satisfied-with-one-wife kind of husband that the
husband that the old TV serials old TV serials used to show. used to show. And your wife And your wife will appear to will appear to be tbe t he ablaa-naari who wants to dutifully go back to husband
he ablaa-naari who wants to dutifully go back to husbands home but is so scared rs home but is so scared r ight now that she stays at he parents
ight now that she stays at he parents home. home.
She could simply file HMA 24 to claim interim maintenance while you run in court She could simply file HMA 24 to claim interim maintenance while you run in court s for next
s for next few years trying few years trying to speed up to speed up the case. the case. Again, she will Again, she will be able to be able to shsh ow she is the hapless woman left by husband because that story is all too easily ow she is the hapless woman left by husband because that story is all too easily believed by the white knights in society.
believed by the white knights in society. Wife/in-laws will
Wife/in-laws will file IPC file IPC 498A on 498A on you. you. This may This may happen before, happen before, after and after and any tany t ime gap with DV or maintenance cases.
ime gap with DV or maintenance cases.
Along with IPC 498a, other things like IPC 406A (recovery of stridhan), 324 (ass Along with IPC 498a, other things like IPC 406A (recovery of stridhan), 324 (ass ault), IPC 506 (criminal intimidation) and such sections are added usually too. ault), IPC 506 (criminal intimidation) and such sections are added usually too. The latest trend is that wife may file IPC 377 on you (unnatural sex), IPC 376 ( The latest trend is that wife may file IPC 377 on you (unnatural sex), IPC 376 ( rape) or 354 (outraging modesty of a woman) on your father or your brother etc. rape) or 354 (outraging modesty of a woman) on your father or your brother etc. So what happens usually is that once people face these cases, they forget about So what happens usually is that once people face these cases, they forget about divorce and
divorce and spend their spend their time fighting time fighting above cases. above cases. The whole The whole scenario changes scenario changes tt o proving you are not a bad husband/person from proving wife was not a good wife o proving you are not a bad husband/person from proving wife was not a good wife !
!
Most husbands who file divorce are totally unprepared Most husbands who file divorce are totally unprepared
They are unprepared for the delays in family courts of India, where the cases st They are unprepared for the delays in family courts of India, where the cases st art after about 1.5 to 2 years and only after 5 years or so are pursued seriousl art after about 1.5 to 2 years and only after 5 years or so are pursued seriousl y
onsent divorces, everyone else is supposed to do the rounds of courts for 7-10 y onsent divorces, everyone else is supposed to do the rounds of courts for 7-10 y ears at the least for having done the unpardonable crime of having applied a div ears at the least for having done the unpardonable crime of having applied a div orce petition
orce petition to family to family court! court! Read this post Read this post where a where a recent example recent example of delay of delay ii s pointed out by Chennai HC, this kind of a thing is the norm, not the exception s pointed out by Chennai HC, this kind of a thing is the norm, not the exception !
!
Most people
Most people who apply who apply do it do it out of out of frustration to get frustration to get out of out of their situation. their situation. TT hey do not collect much evidence, and all they have to tell the court is that th hey do not collect much evidence, and all they have to tell the court is that th eir wife has left them and hasn
eir wife has left them and hasnt come t come back. back. At maximum, At maximum, they will they will have some have some messmess ages from wife where she says that she will come back if he takes a different ho ages from wife where she says that she will come back if he takes a different ho use, doesn
use, doesnt stay t stay with parents with parents etc. etc. Such messages Such messages will not will not prove anything prove anything conclusconclus ively whether it was wife who left him deliberately or she was troubled by her p ively whether it was wife who left him deliberately or she was troubled by her p arents which
arents which will be will be her routine her routine answer. answer. The woman The woman empowerment theme empowerment theme which is which is aa ll the rage these days means that her words even if full of contradictions and l ll the rage these days means that her words even if full of contradictions and l ies will carry weight compared to his defence of his parents.
ies will carry weight compared to his defence of his parents.
They are unprepared to handle the DV, 498a, maintenance cases filed by wife. They are unprepared to handle the DV, 498a, maintenance cases filed by wife. Men file divorce, and then flock to men
Men file divorce, and then flock to mens support groupss support groups
We had started discussion and community groups for men on WhatsApp and Facebook We had started discussion and community groups for men on WhatsApp and Facebook in Jan
in Jan 2015. 2015. It has It has been going been going quite well, and quite well, and joining these joining these groups has groups has given pgiven p eople courage to take a firm stand instead of giving up even before a
eople courage to take a firm stand instead of giving up even before a fightfight. . WhaWha t is being seen is that many men are joining these groups AFTER filing divorce o t is being seen is that many men are joining these groups AFTER filing divorce o n wife, and then coming to us when they face multiple retaliatory cases by wife n wife, and then coming to us when they face multiple retaliatory cases by wife which can be any combination of DV (domestic violence) case, CrPC 125 for mainte which can be any combination of DV (domestic violence) case, CrPC 125 for mainte nance, IPC
nance, IPC 498A to 498A to keep you keep you (and family) busy (and family) busy in criminal in criminal courts, and courts, and so on. so on. ItIt is clear that their learned lawyers didn
is clear that their learned lawyers didnt inform them of the 99% chance that yout inform them of the 99% chance that you r wife
r wife will file will file such cases such cases after you after you file divorce case file divorce case on her. on her. ThatThats how the las how the la wyers work, their focus (and maybe even duty) is about filing cases, and not get wyers work, their focus (and maybe even duty) is about filing cases, and not get ting any
ting any defined results defined results for client. for client. But it maybe But it maybe not too not too late to late to learn even learn even nono w for those husbands who have filed a divorce case.
w for those husbands who have filed a divorce case.
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dition
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To tackle this issue of rising divorce filings by men, and subsequent flocking t To tackle this issue of rising divorce filings by men, and subsequent flocking t o men
o mens support groups; I have written a book on the topic of divorce for men: cons support groups; I have written a book on the topic of divorce for men: con taining topics like wife
taining topics like wifes cruelty, desertion, false cases/allegations by wife, ads cruelty, desertion, false cases/allegations by wife, ad ultery by
ultery by wife, annulment wife, annulment due to due to fraud in marriage fraud in marriage etc. etc. One reason One reason of writing of writing tt hat book was also because many of our members were deeply curious about the topi hat book was also because many of our members were deeply curious about the topi c of divorce, and when people are curious about something but they are unable to c of divorce, and when people are curious about something but they are unable to satisfy that; they will most likely head to a lawyer
satisfy that; they will most likely head to a lawyers office in search of a solus office in search of a solu tion, and
tion, and the only the only solution lawyer solution lawyer can give is can give is to file to file a divorce a divorce petition. petition. HeHes ns n ot going to look at merits of case, probability of winning, how many years it mi ot going to look at merits of case, probability of winning, how many years it mi ght take the
ght take the client to get client to get divorce even if he divorce even if he has good evidence, has good evidence, and so on. and so on. LawLaw yer will file the case, and then the client will be there for at least 1.5-2 yea yer will file the case, and then the client will be there for at least 1.5-2 yea rs, by which time the client again starts to lose patience, and this time he com rs, by which time the client again starts to lose patience, and this time he com es to men
es to mens rights groups asking about:s rights groups asking about: my wife is not coming to court in my divorcmy wife is not coming to court in my divorc e case, but she is attending all her maintenance hearings
e case, but she is attending all her maintenance hearings. . That That is is the the rule, rule, notnot the exception.
the exception. If you are If you are in same situation, what in same situation, what you are going you are going to do about to do about itit is
is what matters. what matters. Or is Or is there anything you there anything you can do can do about it about it at all?at all?
To tackle such issues and reduce time and effort of MRAs getting diverted into t To tackle such issues and reduce time and effort of MRAs getting diverted into t hese issues,
hese issues, I have I have written the written the book on topic book on topic of divorce of divorce for men. for men. It contains It contains mm ore than 70 judgments on topics of divorce due to cruelty, desertion, adultery, ore than 70 judgments on topics of divorce due to cruelty, desertion, adultery, false cases by wife, wife
false cases by wife, wifes adultery, annulment etc. s adultery, annulment etc. The best The best way to way to approach thiapproach thi s book
s book is as is as a self-study a self-study guide. guide. Read the judgments Read the judgments (including my (including my summary, andsummary, and commentary), and make own conclusions about strength/weakness of your evidence, commentary), and make own conclusions about strength/weakness of your evidence, case (if already filed), and what to expect down the line.
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Following things need to be done whenever faced with allegation of impotence: Following things need to be done whenever faced with allegation of impotence:
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Of course deny it completely in your written statement/objection to her main pet Of course deny it completely in your written statement/objection to her main pet ition.
ition. Do not Do not listen to listen to lawyer that lawyer that we will do we will do some mediation some mediation or some or some such BS.such BS. How will mediation remove this allegation against you?
How will mediation remove this allegation against you?
There is no need to go for any potency test or such thing at time of filing obje There is no need to go for any potency test or such thing at time of filing obje ction.
ction. That That is is a a matter matter of of husbandhusbands evidence or wifes evidence or wifes cross-exam and that stage cs cross-exam and that stage c omes much later after wife
omes much later after wifes evidence s evidence is over. is over. Count maybe Count maybe 2 years 2 years and more and more for ffor f amily court cases.
amily court cases.
If wife has made this allegation in any open forum, social media like Facebook, If wife has made this allegation in any open forum, social media like Facebook, Twitter, Whatsapp etc and it has spread all around, then you may have to serious Twitter, Whatsapp etc and it has spread all around, then you may have to serious ly consider
ly consider filing defamation filing defamation and damages at and damages at some point some point of time. of time. If it If it is on is on anan online forum, then you could use Information Technology Act Sec 66A to proceed online forum, then you could use Information Technology Act Sec 66A to proceed against wife
against wife too. too. Because such Because such an allegation an allegation could destroy could destroy your future your future chanceschances of marriage, and even if one doesn
of marriage, and even if one doesnt want to remarry, such an allegation cant want to remarry, such an allegation cant be let be le ft to
ft to disappear on disappear on its own its own with passage of with passage of time. time. There are There are many such many such cases andcases and one of them is here: Wife to pay 2 lakh damages for alleging husband was impoten one of them is here: Wife to pay 2 lakh damages for alleging husband was impoten t
t
Do not entertain any other
Do not entertain any other offeroffer of compromise, financial settlement, mutual conse of compromise, financial settlement, mutual conse nt divorce because even if you accept it, the word may leak out that your first
nt divorce because even if you accept it, the word may leak out that your first marriage broke
marriage broke because of because of impotence. impotence. Try proving people Try proving people wrong once wrong once they have they have mama de opinion about you based on
de opinion about you based on reliablereliable grapevine! grapevine! Make it as a major point during any
Make it as a major point during any mediationmediation proceedings that it is you the husba proceedings that it is you the husba nd/respondent/accused who needs to be compensated to a sum of Rs 10 Crore becaus nd/respondent/accused who needs to be compensated to a sum of Rs 10 Crore becaus e such an allegation is made against you.
