Though it is the duty of the court to decide the case based on facts and circumstances but what amount to cruelty is an important aspect as misuse of Laws by the wife against husband in society is growing day by day.
Most apparently some Indian Urban Educated Women have turned the tables and are using these laws as weapon to unleash personal vendetta on their husbands and innocent relatives.
There are certain grounds on which cruelty against husband can be filed:- Misuse of Dowry Laws, Domestic Violence Act by wife against husband and his parents through lodging false complaints.
Desertion by wife which means wife deliberately intending for separation to bring cohabitation permanently to an end. But it’s very difficult for husband to prove same as laws are completely female supportive & Gender Biased. Most of the cases are Desertion by wife in which wife simply refuse to join husband sitting at her parents place & her parents supports her because they knows though she earn or not she will survive happily by extorting money legally from her husband getting support from multiple cases.
Adultery by wife means wife having s*xual relationship with some other person during the lifetime of marriage and there must be strict law to punish wife who has committed adultery. There are laws which supports female to stay away & extort money from husband on the basis of Adultery by Husband but there is not a single crpc which supports husband to catch hold of wife under Adultery. Though wife is having multiple relation to get divorce on the basis of Adultery husband have to show 100’s proof’s but same allegation if wife do against husband Police & Women NGO’s run behind husband to harass husband without asking any clarification or justification or any proofs for same from Wife.
Wife opting out for second marriage without applying for the divorce proceedings. Threatening to leave husbands home and threat to commit suicide by the wife. Abusing and accusing husband by way of insulting in presence of in-laws and in some cases wife abusing husband in front of office staff members.
Wife refusing to have s*x with husband without any sufficient reasons which can be considered as a ground of cruelty. Lowering reputation of the husband by using derogatory words in presence of family members and elders. Lodging FIR against husband and in-laws which has later proved as false report. Conduct and misbehavior of the wife against husband i.e. pressuring husband to leave his home, insisting for the separate residence, mental torture and disrespectful behavior towards husband and in-laws as well. Some other grounds of cruelty i.e. mental disorder and unsoundness of wife, infertility of wife, illicit relationship of wife with some other person and Wife suffering from the filarial. Extra-marital affairs of wife can also be a ground of cruelty against the husband.
Initiating criminal proceedings against husband and parents of husband with Mala-fide intention by the wife.
CASE LAWS: situations in Hindu marriage where a wife was held as cruel to the husband and the Hindu divorce law was applied by the Supreme Court:
- Mrs. Deepalakshmi Saehia Zingade v/s Sachi Rameshrao Zingade (AIR 2010 Bom 16) In this case petitioner/wife filed a false case against her husband on the ground of Husband Having Girl Friend which is proved as false in a court of law so it can be considered as cruelty against husband.
- Anil Bharadwaj v Nimlesh Bharadwaj (AIR 1987 Del 111) According to this case a wife who refuses to have s*xual intercourse with the husband without giving any reason was proved as sufficient ground which amounts to cruelty against husband.
- Kalpana v. Surendranath (AIR 1985 All 253) According to this case it has been observed that where a wife who refuses to prepare tea for the husbands friends was declared by the court as cruelty to husband. Though the amendments introduced in the penal code are with the laudable object of eradicating the evil of Dowry, such provisions cannot be allowed to be misused by the parents and the relatives of a psychopath wife who may have chosen to end her life for reason which may be many other than cruelty.
The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relatives, i.e. fast emerging. A strict law need to be passed by the parliament for saving the institution of marriage and to punish those women who are trying to misguide the court by filing false reports just to make the life of men miserable and justice should not only be done but manifestly and undoubtedly be seen to be done.
If you feel this article really useful & spreading awareness in society, I request/urge you to sign following petition & raise your voice with us who are victim of false or fabricated cases by their wife & in-laws.
Kindly take initiative & circulate it as much as possible. Thanks in advance for your co-operation.
Stop Law Misuse 