• Mental cruelty

I and my husband got married on 30 September, 2017. it was an arranged marriage that took place at my my hometown in Dehradun by performing hindu rituals. 5 days before we were supposed to get married my in-laws along with my husband called me and my family to a resturant nearby and started threatening to call off the wedding, but when i sat alone with my husband and clarified if he wanted the same thing he disagreed and hence i trusted him and we went ahead with the marriage. we both ive in gurgaon right now and his family is constantly interfering in our married life. they provoke my husband to stay away form me, hence he sleeps in a diffrent room. i moved to gurgaon to stay with him after marriage, and have no family or friends here which he is aware of and hence continues to neglect me by not speaking to me for weeks. At times he does not inform me and stays out for the entire night , which has happened on multiple occasions.we reside on 16 floor and i am the only resident on our floor . Multiple times i have tried to discuss with him to solve our issue but he refuses to even discuss the matter. Few months back when things were smooth between us we booked an international trip with other 4 of our married friends, now since everything was paid beforehand and it was non refundable i convinced my husband to take that trip hoping it will improve our strained relation, he agreed to it. when we were there on our trip i came across few watsapp messages exchanged between my husband and his father, where my father in law has clearly written and adviced my husband to not go on an international trip with me as it is an conspiracy from my side and my mother to get pregnant by him and trap him. my father in law has said that making me pregnant is on my husband's hand and he should try to control himself and stay seprately from me. he has further stated that i am asking him to go on the trip because i want to spend his money and he should make excuses not to go with me. he has also in the message used derogatory language for me saying and i quote " wo ladki tera tan and dhan choosna chahti h" and again adviced him to stay away and my husband has agreed to it. my mother in law has also texting him saying he should not share anything with me and my husband also agreed to it. i gave no reaction after reading these messages but decided to confront my husbands family and my family along with our close relatives when we got back to india. i feel dirty just by the language written by my father in law. Also since i am a law graduate, my inlaws as well as my husband always taunted me that they cannot say anything to me because i will go to police. Now i am suffering alot mentally and i do want to proceed to file a mental cruelty case. please suggest what should i do
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Hello,

I understand the situation you are in maam.

But since you have tried multiple times to make good the strained relationship and have failed therefore I would advise you to move ahead and get the marriage dissolved by means of a divorce.

Divorce can be filed by you in Dehradun on the ground of mental cruelty and also you can claim maintenance from the husband.

Let me know if some further clarification or advise is required.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file for divorce on grounds of cruelty by husband and his family which is a valid ground for divorce under section 12 of the Hindu Marriage Act.

Refusal to have sexual relationship with the spouse also amounts to cruelty and should be clearly mentioned in your divorce petition.

Also, you would have an option of filing a complaint under DV act against them.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

What I have gathered from the briefs given above that you have yourself invited sufferings by marrying a person who does not love you. In love one forgets everything. But in your case, he loves his family more than you and in case you continue to live with him, the result would be the same. Now, you decided to file mental cruelty case for divorce and waste time, money and energy to prove mental cruelty and then get divorce. In my opinion, you both sit together and settle the issue for ever and give him divorce by mutual consent. In that case, you both can live peaceful life. Rest depends upon you. Good luck.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

Hi, you can file a complaint of domestic violence against your in-laws .. it is also advisable to register a FIR under section 498 A against them in the women cell ... However before proceeding legally against them , you have to consider that relation between you and your husband may get strained .... You can contact me for further doubts .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear,

your problem is clearly comes under mental cruelty.

If you want to teach them lesson and want divorce, you are eligible.

The provisions of law dealing with the harassment of a woman by her in-laws are Sections 498- A, 509, of the

Indian Penal(IPC), the Domestic Violence Act, 2005 and Dowry Prohibition Act, 1961.

You are a law graduate so you also know this.

If you have proofs and recordings, then your case became so strong.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. Well, do not take any decision for the acts done by his father.

2. on the contrary try to shower all the love and affection you have for him which would make him understand that the image his parents are try to project is misdirected.

3. Your husband being the son of his parents is bound to get little influenced but this would not harm you as along as you do not let him believe that the version of his parents about you is totally wrong.

4. ave patience , you marriage would be worked out.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Approach the CAW(crime against women) cell of the Police and move a compliant against your husband and in-laws for meeting out cruelty to you.

Also, file a petition under Domestic Violence Act.

Contact a local lawyer to help out in this situation/

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You should not confront your husband with these messages

2) in further re he would lock his phone and you woukd not be able to access these messages

3) best option is to visit family counsellor with your husband to resolve your differences

4) in alternative call meeting of elders to discuss the issue

5) if there is no resolution file for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

marriage expenses were incurred by your father out of his own free will

2)dont agree for divorce by mutual consent if husband refuses to pay you alimony

3) if you dont want to remarry refuse to give him divorce

4) you should file application and claim maintenance from your husband under section 125 cr pc

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

For divorce with mutual consent a joint application under section 13B(1) HMA is filed before the Principal Judge, Family Court and the first condition to file application is that the parties to the application should be living separate atleast for one year. Secondly, after passing of 6 months, again second motion is filed and a decree for divorce with mutual consent is obtained from the court. Hon'ble SC has waived the condition of 6 months and now if you give valid ground that you can't wait for 6 months, the second motion can be filed 15 days after passing of the First Motion.

The joint application is filed on mutually agreed terms. You both sit together and discuss the things as narrated to me above and ask for compensation. (Compensation may be stated 4 times high so that if he agrees to 1/4th, you feel compensated). The compensation can be taken in 2 installments, first installment on filing first motion and second installment on filing second motion. Both the installments to be received before the court in the shape of DD.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

a women can claim compensation from her husband/father-in-law in the DV Case no matter her husband is alive, dead or deserted her.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Madam,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

A Memorandum Of Understanding (‘MOU’) is generally a preliminary understanding between the parties to a contract, prior to the execution of a formal agreement. It is a document highlighting the intention of the contracting parties and might also be known as a Letter of Intent (‘LoI’). MOU is generally executed for creating consensus between the contracting parties for future contracts and is usually not intended to have created any obligations upon the parties. Primarily, what must be understood is that a MOU is non-binding and legally non-enforceable and is only an “agreement to agree” and highlights business relationship, which, are likely to result in some contract or any formal agreement between the parties. However, a MOU may create an obligation upon the parties if a binding understanding is inferred from the clauses of the MOU.

Several judgments have been pronounced by various courts of India on the validity and enforceability of a MOU. Calcutta High court held that ‘a contract to enter in a contract is bad and not valid from the point of view of law[1]. However, the court will rely upon the degree of importance of such understanding to the parties and to the fact that whether any of them has acted in reliance on such understanding’.

In another contradicting judgment, the Supreme Court has held that, ‘the fact that the parties refer to the preparation of an agreement by which the terms agreed upon are to be put in a more formal shape does not prevent the existence of a binding contract[2]. The Supreme Court also held that ‘if the conditions to the MOU are otherwise acted upon, the parties to the MOU will get the benefit arising out of the MOU[3]’.

A MOU does not have to be necessarily titled as a ‘Memorandum of Understanding’. The nature of the document is not decided on the heading but on the content that is written. Mere heading or title of a document cannot deprive the document of its real nature[4].

In light of the above, it can be concluded that the enforceability and binding nature of a MOU depends upon the content, nature of agreement, language and intention of the parties to it. In cases wherein the MOU is in the nature of a contract and fulfills its essentials, it is held to be enforceable. A major factor to decide whether a MOU would be binding is the intention of parties while executing the MOU and their conduct post execution.

________________________________________

[1]Jyoti Brothers vs. Shree Durga Mining Co. [AIR 1956 Cal 280]

[2]Kollipara Sriramulu vs. T. Aswathanarayana &Ors [1968 AIR 1028]

[3]Jai Beverages Pvt. Ltd. vs. State of Jammu & Kashmir And Others [2006 (4) SCJ]

[4]Nanak Builders And investors Pvt. Ltd. vs. Vinod Kumar Alag [AIR 1991 Del 315]

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

he is ready for mutual divorce, so you talked to him and fixed an amount as

compensation.

after received money, go for mutual divorce.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You can file a domestic violence cases against your parents in law.

You can also lodge a criminal complaint against them for mental cruelties under section 498a and also for criminal intimidation.

However this may strain the relationship further more and you may not get a chance to live happily with your husband after that.

So decide judiciously.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

You can talk to your husband about this and demand him to pay the marriage expenses and agree for mutual consent divorce if he is not interested in continuing the married life with you anymore

If he is not willing to cooperate then you may file all types of cases against him and put pressure on him so that he will come down to the negotiation platform, where you can have a good bargain.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

You do agree on mutual consent only if he agrees to pay the amount as demanded by you.

You have all the right to claim compensation from him.

Have a word with her before going for mutual consent.

if he does not agree then file a case of divorce and then claim maintenance from him.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello

if your husband is completely under the spell of your in-laws and you have tried to persuade him but failed, you cannot do anything about it. divorce by mutual consent can be filed and the decree will be granted by the court in 6 months. you should demand alimony and compensation and if he refuses, don't give him the divorce and instead file a case against him for mental cruelty.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

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