Can cruelty be ground of divorce due to parents intereference
31-Jul-2023 (In Divorce Law)
My brother got married in Sep 17, and we came to know after marriage that his wife's father is not legally married to her mother as he did not divorce to his earlier wife yet and therefore instead of her father's name, her uncle's name is available on any government documents like aadhar card. I just want to know can this be the reason of their divirce on the basis of cruelty as they both have incompatibility or irreconcilable differences between them since their marriage because of her parents intereference. What should we do?
Dear client,
Yes its a ground for divorce.Your brother can filed a divorce petition but after 1 year of marriage.Your brother can file a complaint before the police regarding this.Dear client u can contact me for more clarification and I m happy to help u.
Yes its a ground for divorce.Your brother can filed a divorce petition but after 1 year of marriage.Your brother can file a complaint before the police regarding this.Dear client u can contact me for more clarification and I m happy to help u.
In this regard, i would like to advise you that grounds on which divorce can be sought are enunciated under Section 13 of the Hindu Marriage Act, 1955 and therefore the same cannot be taken to be a ground for seeking divorce.
Yes, there are grounds for divorce and also for annullment of marriage. But parents illegal marriage cant be the ground.
First remedy can be annulment on the ground of fraud as to any material fact.
Secondly file for divorce on the grounds of cruelty, harassment and unreasonable coercion.
Consulting a lawyer is adviced.
First remedy can be annulment on the ground of fraud as to any material fact.
Secondly file for divorce on the grounds of cruelty, harassment and unreasonable coercion.
Consulting a lawyer is adviced.
Hi
In your case, the ground for divorce may not be mere "cruelty" it shall be coupled with concealment of fact in the nature of fraud. In your case, the wife of your brother, or her family had misrepresented/concealed the said fact deliberately. That means fraud has been done at the time of marriage.
The remedy of divorce can be taken on the ground of concealment in the nature of fraud which is also a valid ground to nullify the marriage.
Also the ground of cruelty can be explained in such terms that it comes apparent that the relations between the parties had deteriorated to such an extent due to the conduct of the wife that it has become impossible for them to live together without mental agony, torture or distress.”
Alternatively, the parties can also go for "Judicial Seperation"
In your case, the ground for divorce may not be mere "cruelty" it shall be coupled with concealment of fact in the nature of fraud. In your case, the wife of your brother, or her family had misrepresented/concealed the said fact deliberately. That means fraud has been done at the time of marriage.
The remedy of divorce can be taken on the ground of concealment in the nature of fraud which is also a valid ground to nullify the marriage.
Also the ground of cruelty can be explained in such terms that it comes apparent that the relations between the parties had deteriorated to such an extent due to the conduct of the wife that it has become impossible for them to live together without mental agony, torture or distress.”
Alternatively, the parties can also go for "Judicial Seperation"
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