Husband suing on grounds of cruelty need clarity on its implications

626 votes

Cruelty has a wide definition and interpretation depending on case to case. You being a lady do not run a high risk though. You can be properly advised only on a personal meeting. So you may book an appointment with me.

LawRato LawRato

783 votes

It can amount to Cruelty if the judge agrees to it.However regarding the financial claims you should mention that in the arguments or claim for the same and also our suggestion is to also claim for alimony since its your right.You should not be asked to pay for mental cruelty according to my opinion.

Advocate Sudhir Reddy LawRato

728 votes

he has filed proceedings for divorce on the ground of cruelty ! cruelty can be mental and physical in your case, he is taking physical cruelty mainly on the basis of physical relationship and hence in a way, he will be able to prove that there is cruelty by you in denying him the physical relationship though it is also to be seen and understand that till what level physical relationship will not amount to cruelty and what part of denial of physical relationship will amount to cruelty - hence this will all based on case to case basis and individual case. the outcome of the legal proceedings will be depending on you as you will have to decide whether you want to continue with the marriage or you want to divorce him If you want to continue with the marriage then you will have to prove in the court that there was no cruelty and the court will dismiss the divorce petition If you also wish to divorce him then you can inform the court through your Advocate and also the settlement terms can be filed by both the parties as per the mutual discussion on the aspects of the gifts and articles given before the marriage In the case of Divorce against you, you need not pay anything even if you have caused mental cruelty as it will depend on many factors and ultimately on the Judge to award costs

Advocate Namitabh Kothari LawRato