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Husband suing on grounds of cruelty need clarity on its implications
01-Feb-2023 (In Divorce Law)
My husband of 2 years is suing me on the grounds of cruelty. I want to understand what all does it cover. In terms of physical relations, does it only refer to denying intercourse? Does it take into consideration that couple had oral sex? On being sued for cruelty what implications would it have for me? Will I be able to retrieve the material goods (furniture, gold and hard cash) that were given to my husband and his parents during the days leading up to wedding day? I'm not expecting to get any alimony or get back with him. Will I be asked to pay something to have caused mental cruelty?
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Adv. Sudhir Reddy
Pune | 25+ Answers
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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
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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