In India, where democracy is at its highest paradigm, laws to shield the welfare of the citizens are tough, hard and innumerable. We have witnessed a lot of blood curdling crimes in the past few years because of which Indian Law has been questioned, yet each time the judiciary have given justice to the victims if not sooner but later. One such crime which has been taking rounds is domestic violence. Today, we will look into the issue: Cruelty by Wives and laws related to it.
Even men have been victims to abusive marriages yet domestic cruelty for men is not strongly recognized by the law. But if one follows the protocol and approaches the right Judiciary then justice cannot be denied to him.
The following Sections of Hindu law can dissolute a marriage by a decree of Divorce under many grounds, cruelty being one among them.
- Section 13 of The Hindu Marriage Act, 1955 (13 grounds)
- Section 27 of The Special Marriage Act, 1954 (12 grounds)
- Section 10 of The Indian Divorce Act for Christians, 1869 (7)
- Section 32 of The Parsi Marriage and Divorce Act, 1936 (11)
The term cruelty is not clearly defined in the judicial system. Yet, if the marriage has become gravely critical and under any circumstance he is traumatized physically and mentally then the husband can file a FIR in form of a written statement and present it to the court. Apart from infidelity, beating etc public humiliation, taunting, denying physical relationship, neglect, abusing family, threatening etc are also considered as cruelty by wives.
A learned Judge will handle your case and the husband has to be present during each hearing with substantial proves against his wife. Your attorney will address the issue thereafter. However, it is crucial to comply with the court orders; direct and in direct contact with wife has to be refrained. Also, being absent in any of the hearing might dilute the matter drastically. Be well aware of the norms before registering.
If you need further assistance, Please contact Law office of G. S. Bagga and Associates, we Provide free consultation.
