In a landmark judgment the Supreme Court has defined mental cruelty which is one of the grounds of divorce in most of the Indian Matrimonial Statue. Refusal or not having intercourse without physical incapacity or valid reason is one of the many that will amount to mental cruelty. Any spouse you do so will be held to inflicting mental cruelty on the other. Further it has held that the behavior patterns so mentioned must persist over a period of time to warrant the conclusion that the marriage between the parties had irretrievably broken down & qualified to be the ground for divorce. How many of you agree or disagree with this judgment & why? Please give sensible reason only, it’s a very serious matter & most of the questions regarding mental cruelty asked here directly or indirectly relate to this issue. My purpose to discuss this issue is to bring legal awareness for all who visit this site.
2007-03-28 17:27:15 · 11 answers · asked by vijay m Indian Lawyer 7 in Family & Relationships ➔ Marriage & Divorce
This judgement relates to Indian matrimonial cases & has been given by the Supreme Court Of India.
2007-03-28 17:36:48 · update #1
The issue I have raised here is just the comments regarding this issue which the Supreme Court of India has adjudicated, such a judgment is irrespective of any gender bias as many of you may be thinking, no where the court states that it will only for husbands to come forward with such a ground for seeking divorce, even wife can do the same. Now I have seen & even answered many questions asked by ladies whose husband not only neglected them generally but even refused or failed to indulge in sex with them, now if these ladies can ask such matters openly here what the harm if they bring this ground in the court where they can even pray for in-camera proceeding in such cases to keep their identity hidden from general public. So dear Ari-ha your view if any lady ask divorce on this ground she will be labeled as wanting I don’t think is right judgment for her fidelity. Any person suffering mentally for want of something which is very normal such as sex does not make him/her wanting.
2007-03-30 02:27:24 · update #2
This is all well and done, but how does one prove that in court that one is not getting sex form wife or husband? And what is enough sex, has that been defined? What if one is suffering from depression that is undiagnosed as is the case in India in the poorer regions and a husband decides to use this as a cause for divorce, how does that play into not willing to have sex?
What if the spouse wants kinky fantasies played out in the bedroom and the other spouse refuses, do we now drag that out into court in a so-called "conservative society such as India?
My point is, the laws cannot prove such actions or inactions without putting a camera in the bedroom or having someone actually witness what is going on in the bedroom. The law would only work for those that live in separate quarters completely.
2007-03-29 02:25:45 · answer #1 · answered by Paresh K 1 · 3⤊ 0⤋
Latest Judgements Of Supreme Court
2016-12-16 12:44:42 · answer #2 · answered by ? 4 · 0⤊ 0⤋
I have to agree totally with Paresh. One more opinion i'd like to add is that, not only in India, but in my country,South Africa as well, this is a one sided issue. Men will not have a problen bringing the court into the bedroom if He has a problem not getting sex in whatever form he demands it. The women on the other hand will be totally reluctant to discuss such an issue, no less the refusal of sex from her husband.
It would be a laughing matter in the legal fraternity to say the least. The community will not except a woman complaining of such issues in the courts in today's society. She will be labelled as 'wanting' or worse to put it mildly.
' I want to charge my husband for inflicting mental cruelty on me for not having sex with me.' See what i mean, it even sounds stupid. Now you can laugh out loud. Sorry Vijay, but i commend you for your efforts, but i dont see this working for women, only for men.
2007-03-30 00:07:52 · answer #3 · answered by Ari-ah 3 · 1⤊ 0⤋
But still the Law remains Woman biased like giving a Nuke to a Terrorist.
You talk of the Dowry Laws a Woman wan sue, imprison a whole lote of family, relatives and friends and destroy their lives, extort money basically misuse the law for vested preplanned finanical interests. Even if the Husband's side manahes ot prove the allegation wrong she still remains scot free. The cops arrest the Husband and family with no proofs or evidences.
You talk of Domestic Violence act only a lady can file it against her in-laws and husband. But the Husband cannot. Why can a Woman not be abusive?
If a Woman suicides its dowry harassment!! What happens if the husband suicides - she takes charge of all his possesions.
Weather or not its the ladys fault that the marriage fails - she is always given the custody of the child and the husband has to bear all the costs of her whims and fancies in the name of the child and yet have a bad reputation in front of his child beacuse of his wife's poisoning the mind of the child!!
Basically for any marital issue if one goes to the court they simply side and listen only to the woman (weather of not she is the actual culprit) and cricifies the man.
I personally am a Victim to this!! And I plan to take up arms against this!!
2007-03-31 06:00:21 · answer #4 · answered by Anonymous · 0⤊ 2⤋
I agree. I think the law implies that you cannot deprive your spouse of sex unless you are not capable, or have another valid reason (Like STD's, impotency, love for someone else, Mensturation, etc). Also, I assume that the law implies that one can refuse to perform sex with the spouse with a valid reason.
but I have a doubt here, What if one is not in a mood and the spouse asks for it? Is not being in mood a valid reason? I assume it should be.
All the best...
:-)
2007-03-28 19:44:05 · answer #5 · answered by plato's ghost 5 · 3⤊ 0⤋
Below website provides free comprehensive database of judgments of The Supreme Court of India and several high courts with search engine.
http://courtverdict.com
2014-03-24 22:26:59 · answer #6 · answered by Arwind 1 · 0⤊ 0⤋
India has the largest constitution in this world.So all laws has a thousand loop holes. some activist wins a case and these laws are implemented. wht is the use.
create some awarenes.no law in india is going to make india or people in India happy. the attitude has to change.
2007-03-29 02:17:14 · answer #7 · answered by coolestpark 3 · 0⤊ 0⤋
I disagree with the Supreme Court crawling into my bed and telling me that if I don't have enough sex with my husband, he can claim that I committed mental cruelty.
What's next? Can I claim mental cruelty against him for continuously not taking out the trash when it's full?
2007-03-28 17:38:10 · answer #8 · answered by Royalhinney 7 · 2⤊ 3⤋
judgements are given but in India there are umpteen Rakshs gan who break this judgement and live in our country and take the law for a ride unfortunately with the help of law..hey do you believe in prayers? just pray that the judgements are adhered to!!!by every individual citizen of India.
2007-03-28 18:52:12 · answer #9 · answered by sweet papa 2 · 0⤊ 1⤋
Is this just for legal marriages or for people in relationships(living together, commonlaw)?
2007-03-28 17:31:54 · answer #10 · answered by ♦ Phoenix Rising♦ 6 · 0⤊ 0⤋