Meaning of cruelty in divorce in India.

Section 13(1) (ia) of the Hindu Marriage Act, 1955 Divorce.

(1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party. 
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty .

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and such are included under cruelty.

In so many Judgments the Hon"ble Supreme Court and Hon"ble High Court has dissolved the marriage on the grounds of cruelty.

for example if the girl has filed a false complaint against the whole family members of the husbands and if the concerned magistrate has discharged the family members in the case of 498a IPC then its a cruelty upon the husband and good grounds for dissolved the marriage

Dowry Cases under section 498-A-IPC

Dowry Harassment Cases Lawyers in South Delhi.

Meaning of Dowry :

Section 2.. "Dowry Prohibition Act, 1961" Definition of “dowry” Definition of “dowry”.—In this Act, “dowry”means any property or valuable security given or agreed to be given either directly or indirectly— (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I.— 3[***] Explanation II.—The expression “valuable security”has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).

Meaning of Stridhan

Stridhan is, generally speaking, what a woman can claim as her own property within a marital household. It may include her jewelry (gifted either by her family), gifts presented to her during the wedding or later, and the dowry articles given by her family.

Gifts given by the parents of the bride are considered "stridhan", i.e. property of the woman, traditionally representing her share of her parent's wealth.

IPC Section 498A

498A. Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation-For the purpose of this section, "cruelty" means-

Any willful conduct which is of such a nature as is likely to drive the woman to commit or suicide to cause grave injury or danger to life, limb or health whether mental or physical) the of woman; or

Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.

This section is non-bailable,non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable.

Prosecution for a non-compoundable offense can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498A are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent.

After registration of an FIR for a cognizable, non-bailable offense, the police in India can arrest any and all of the accused named in the complaint, but in Delhi before arresting now have to obtain a written permission from the DCP, after direction of Hon”ble High Court.

Criminal Lawyer in South Delhi.

Criminal Lawyers in South Delhi.

Criminal Law is the name given to the branch of law that governs an individual's relationship to the state. It includes the definitions of criminal offenses, which are usually established by Indian parliaments or state legislatures. The term "criminal law" also encompasses the rights of an accused and the criminal process, including arrest, release on bail,we, pleas, discovery, pretrial hearings, trials, arguments on charge, evidence, motions, and bail . The main purpose of the criminal law is to set forth the punishment for criminal offenses. In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt. Please read on to find a criminal defense attorney, criminal lawyer, criminal attorney or to learn more about criminal law. see in our pages in practice area.

We handling and contesting for our clients for  the matters of cheating case, property fraud case, banking fraud, accident case, sexual harassment case,molestration with womens,rape case, criminal trial, anticipatory bail,parol in criminal case, criminal complaint, criminal complaint under section 156 crpc, criminal breach of trust, defamation, dowry case, case under section 498A IPC, official secret act case, drugs and cosmetic case, First Information report (FIR) cases, narcotic drugs cases, Registration of FIR cases, criminal law India cases, Indian penal code cases, quashing of FIR in high court cases, criminal revision, criminal appeal, cases under section 482 crpc,bail under section 438 crpc..etc

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Child Custody Process in India.

Child Custody Laws in India.

Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18. During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims. Physical child custody means that one parent is held primarily responsible for the child's housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights. Many of the religions practicing in India have their own personal laws and they have their different notion of custody.

Hindu Minority and Guardianship Act 1956 (HMGA)

Guardians and Wards Act 1890 (GWA)

Mutual Divorce Procedure in Delhi,India

Mutual Consent Divorce :-

In mutual consent divorce, a joint divorce petition is filed in the district court containing all terms and conditions regarding settlement between husband and wife. Statement is recorded by the court. Subsequently, court calls parties again after six months to get their statement recorded. After recording of statement, court grants decree of divorce and by virtue of same marriage gets dissolved. There are a bill pending against the period of six months waive off.

Divorce Procedure in India.

Divorce Procedure in India

India has different divorce laws for different religions. Almost all the religions has their own divorce laws in India which are used among themselves. There are separate laws for inter-cast or inter-religion marriages.Divorce laws in India for Hindus is described in Hindu Marriage Act, 1955. Hindu Marriage Act is also used for Sikhs, Buddhists and Jains as they don't have their own separate marriage and divorce laws. Here is the list of various divorce laws in India for various religions:

               

Hindu (including Sikhs, Jains and Buddists) : Hindu Marriage Act, 1955

Muslims : Dissolution of Muslim Marriages Act, 1939

Christians : Indian Divorce Act, 1869

Parsis : The Parsi Marriage and Divorce Act, 1936

Inter-Cast of Inter-Religion : Special Marriage Act, 1954

The Indian Divorce, Act Special Marriage Act, the Parsi Marriage and Divorce Act and the Hindu Marriage Act, provide for annulment of the marriage, since its very inception, on grounds such as the non-fulfillment of mandatory conditions.. The Indian Divorce act requires confirmation by the High Court to come into effect.

Grounds for Divorce in India

In India divorce is granted mainly on 4 different grounds.

1. Adultery

2. Desertion

3. Cruelty

4. Impotency

5. Chronic Diseases

(Leges Juris Associates)

Leges Juris Associates

Leges Juris Associates

Advocates & Solicitors

Leges Juris  Associates is an  Indian Lawyers Law Offices. Our firm located in the capital of India at Delhi. It has been successfully established for criminal law, civil law, property law, arbitration law, commercial contract litigation, family law, divorce law and for company law. Out of it’s our office at Delhi we have alliances/associated with other local counsels at 20 additional locations within India.

We are a team of very young dedicated, honest and hard working counsels in our group. We practicing and litigation lawyers in India and our teams/ associates members handling the matter with full dedication and emotions for our clients in allover India’s courts. We regularly drafting, filing and appearing for our clients in Supreme Court of India, high court of Delhi at New Delhi and other high courts within India. We also appearing and contesting the matter before the district courts like as – Patiala House Court at New Delhi, Dwarka Court, Karkardumma Court, Tis Hazari Court, and Rohini Court. We also are handling the matter in Consumer Forum, CAT, Labour Tribunal, DRT, other commissions.

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