• HMA 1955 under Section 13(1) Mental cruelty

Dear Sir 
I am sivakumar, Tamilnadu 
I filed divorce petition under section 13(1) mental cruelty seeking divorce from wife. The allegation is she is not interested/cooperative for intercourse due to her medical health problem. I am normal proved by various medical reports. She compelled me for all artificial medical procedure for baby birth. I was cooperative. All failed due to her health.She is suffering with incurable endometriosis stage -4 disease. So I send private notice through my adv for mutual consent. She denied. 

So filed filed divorce. In return she filed counter admitting there is no intercourse happened between us and she is been compelled for artificial baby birth. Further she stated fake dowry allegations on me and demanding compensation in written. The case is 4 years old now. In between, out of court she negotiated for big money which is not my capacity. Inquiry is over now. From my side 45 evidences are marked to deny all her allegation and to prove my innocence. Cross examination is over. After 80 hearing the order is pronounced. I heard through my advocate that there is no ground in my petition for divorce so my petition is dismissed. i am waiting for order copy.

 How is this possible? 

1. There is no ground to continue this matrimonial life from both side petitions. 
2. All her allegations are proved wrong. 
3. Intercourse is important & basic segment of matrimonial life, which is dispute. 
4. I am badly treated by respondent/family during our life. I was patient enough bcos I need mutual consent. 
5. I have given full medical records about her heath problem and marked as well. 
6. She demanded compensation in the court. Legally If she is eligible, i was not against that. Court has to decide. 
7. I was full cooperative to the court from day1. The respondent dragged this case further and further. 

How the Subordinate Judge can dismiss my petition after 4 years? Is he corrupt joining hands with Respondent? 

Dear Advocate, Can u please advise me how to proceed further.
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

It is necessary to peruse order passed by family court to advice

2) refusal to have sex amounts to mental cruelty and is ground for divorce

3) file appeal in HC against family court order

Ajay Sethi
Advocate, Mumbai
97643 Answers
7904 Consultations

Well, your query is premature since no decision is passed as yet. The verdict may very well go in your favour.

To decide the merit of the case it is the quality and not the quantity of evidence which is the determining factor.

So if you have good merit in the case which appears to be so then even if the judgment goes against you will get justice in appeal.

The dismissal of suit is no proof of corruption of the judge.

Devajyoti Barman
Advocate, Kolkata
23361 Answers
524 Consultations

If you can prove that she is unable to biget due to some medical ground and that medical complexity was existed at the time of marriage. In this condition you can get divorce on incurable disease. Forcing him to get artificial pregnancy its not admitted by the court because it is natural course that if wife unable to beget then husband is bound to attempt artificial insemination or other treatments like IVF et cetera.

This itself so that you have  maid attempt to treat this disease but due to its its incurablity it could not be possible. It is wrong to say that there is no ground of divorce in your petition because she is admitted that you forced him for Artificial baby birth. Her admission that she was being forced for Artificial baby birth itself proves that she has been suffering from incurable disease.

Sexual intercourse is important and basic segment of matrimonial because son is necessary for pind-dan and salvation. 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Challenge this judgement vide which your divorce petition has been dismissed in first Appeal before the High Court.

Contest it on merits, as well as on the Legal Points, which missed the sight of the Family Court.

Denial of sexual intercourse due to any reason, is a ground of divorce, and thus, this single ground was sufficient in itself. The judgement of the Family Court is bad and liable to be set aside.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

Hello,

I would humbly request you to provide me the copy of the judgement passed by the lower court so that I can give you a concrete and proper advise.

If you have full documents about her mental health and if the court has failed to consider the material fact and has passed an erroneous order, then you can file an appeal in the HC within 90 days.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

Hi, unfortunately our judicial system favours women and is biased in passing judgments .. It is advisable to appeal to the high court as lower court rearly grants reliefs in divorce petition filed by husband .. High court has a greater discretionary power and it may grant you relied

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. Had you placed all your grounds property and argued the matter effectively before the Court through your Advocate?

2. Were you present during the said arguments?

3. Now you shall have to challenge the said order passed by the lower court before the appeal court.

4. The lower Court might make mistakes which will be corrected by the higher court.

5. There is no point calling the lower court corrupt since there are many factors for loosing court cases.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

Dear Querist

the Joining hands with the respondent is not a reason.

the main reason is that you could not proved your case before the court by the evidence hence the court dismissed your petition, if you want then you may prefer an Appeal against the order of the Family Court who dismissed your petition before the High Court and try to get divorce order from the High Court.

It is basic rule of Law that the burden of proof lies upon the person who alleged and if not proved beyond reasonable doubt then the petition is liable to be dismissed.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

If the divorce case has been dismissed you have rights to prefer an appeal against it.

You prepare a strong memorandum of appeal highlighting all your grievances including the errors in the judgement properly.

Wait for the copy of judgement.

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

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