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Indulging in an Affair during subsistence of a Marriage by any one of the Partners is Cruelty: High Court

Seeking security for the future of the neglected child would not be considered as cruelty inflicted upon the spouse indulging in the affair

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New Delhi, Nov 25, 2016: Indulging in an affair during the subsistence of a marriage by any one of the partners is cruelty, said the Delhi High Court while annulling a divorce granted to a man divorce who was in an open relationship.

A bench including Justices Preadeep Nandrajog and Yogesh Khanna permitted the appeal by a woman challenging the divorce grant by a trial court on the basis of her husband’s plea and said that he was involved in an extramarital affair.

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It was revealed that the man, after the trial court’s verdict in May last year, has already tied a knot with the woman he was in a relationship with. He also fathered a child in February 2008 with his mistress, mentioned PTI.

“The totality of evidence rather establishes the mental cruelty upon the appellant (wife) rather than upon the respondent (husband) herein who is now stated to be blissfully married to a woman with whom he had a son during subsistence of marriage with the appellant (wife) herein,” the bench said in its verdict.

According to the PTI report, the man’s allegation was that he was treated cruelly by his wife and she demanded property belonging to ancestors. To the man’s allegations, the bench said that the wife’s behaviour needs to be considered keeping in mind the circumstances as her husband was in an open adulterous relationship.

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The bench said that the fact that the husband visited the house of his paramour multiple times before splitting up with his wife shows his inclination towards the mistress.

The panel said, “this gives credence that she (wife) never denied sex to the respondent (husband) and he did not come to her because of him being in the relationship with a woman. Having an affair during the subsistence of marriage by either of the spouses amounts to cruelty upon the other.”

The woman approached the high court to challenge the divorce granted in May 2015 by her husband’s petition who was involved in an extramarital affair with a divorced woman working in his office during the subsistence of their marriage, mentioned PTI report.

The couple was married in July 1993 and the husband filed for divorce in July 2004. In contrast to the allegations targeted at her, she claimed that her in-laws and her husband were the ones treating her cruelly and it as not the other way around.

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The trial court granted the petition for divorce by the husband on grounds of the wife demanding ancestral property and denying sex to her husband.

The High Court said that, “The appellant (wife) would naturally be feeling insecure for herself and her daughter and thus even if she made a demand for an immovable property in her name, it would not be an act of cruelty but the helpless cry by a wife, who was cheated, to ensure that she and her daughter had a roof above their head”.

It further mentioned that in a case where the accused or respondent was indulging in an extramarital affair, seeking security for the future of the neglected child would not be considered as cruelty inflicted upon the husband or father.

-prepared by Shivam Thaker of NewsGram. Twitter: @Shivam_Thaker

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NRI Man accused of Rape charges for Cohabiting with her legally married wife in USA

Lakhs of Indian origin NRI men face immediate arrest on account of false complaints of heinous crimes by disgruntled wives

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NRI man charged under section 376 Rape
‘No Fault’ Divorce in the USA is not acceptable as per Hindu Marriage Act. Pixabay

Sep 14, 2017: The quandary of the outcast wives is evident in a country like India. NRI husbands have been known for leaving their wives in India and flying to abroad. These wives are being shunned by the society as well. While the problem is grim and sincere, some NRI husbands are also succumbing to the victimization of blackmailing from their wives. Such is the perplexity of the USA based Sachin Jain, who claims that he was erroneously accused of rape charges in India.

Newsgram contacted Sachin Jain for further inquiry into the matter.

According to him lakhs of NRI’s face immediate arrest on account of false complaints of heinous crimes by disgruntled wives.

In a unique case of its kind, an NRI, Sachin Jain who is residing in the USA for last 9 years, has been accused u/s 376 on charges of Cohabitation in the USA with his own legally married wife. A FIR u/s 376 (Rape) has been registered in this regard by the Delhi Police on the orders of Metropolitan Magistrate Chhavi Kapoor of Karkardooma Courts of Delhi. Under this case, the wife allegedly filed a complained in the Karkardooma District court claiming to have cohabited with the NRI man after ex parte divorce obtained in the USA. The couple that is still married as per applicable Indian Laws got a divorce decree from Superior Courts of New Jersey, USA on the grounds of ‘Irreconcilable Differences in marriage.’ This type of Divorce decree also known as ‘No Fault’ Divorce in USA and European Countries is granted by foreign courts without arguments and submission to the court by another party.

As per the Hindu Marriage Act, such tribunal is not functional in India and hence, the couple who got divorce decree in the USA are still legally married in India. The Divorce Decree granted by USA Courts on account of ‘Irreconcilable Differences in marriage’ is unrecognized in Hindu Marriage Act 1955 and section 13 of Civil Procedure Code. This has been iterated couple of times by various High Courts of India after the landmark judgment of Supreme Court in the case of Y. Narasimha Rao And Ors vs. Y. Venkata Lakshmi And Anr on 9 July 1991

As per section 44a of Civil Procedure Code 1908, India has reciprocal agreements with only 11 countries in the world which allow India and the other country to accept each other’s court judgments as it is. There is no reciprocal agreement in place between India and USA for accepting each other’s judgments. Due to no reciprocal agreements, India does not give any recognition to the judgments and decrees passed by the USA.

The Humble Metropolitan Magistrate of Delhi District court, without knowing this fact that the judgments provided by USA court can not be taken into cognizance, and the fact that couple is still married as per Indian Laws ordered the Delhi Police to register a FIR u/s 376 which gives unlimited power to Delhi Police to arrest the accused immediately, open Look Out Circular (LOC) against the accused, issue Red Corner Notice taking help of Interpol. This makes an innocent person terrorist and criminal jeopardizing his career, job, and life.

After a FIR u/s 376 is registered against an NRI, he is faced with another challenge of corruption, extortion, blackmailing in the name of this legal terrorism. The complainant wife and her lawyer start blackmailing the NRI husband asking for an exorbitant sum of money in crores to settle the matter out of court.

Sachin says, “I request to the Supreme Court of India, to create special courts for dealing with NRI related matters where expert judges with full knowledge of International Private Laws should take up the matter for hearing. The lower judiciary would also be saved from passing erroneous orders against applicable Indian laws”

He concluded, “Due to complex International Private Laws, the lower judiciary in India without full knowledge of applicable laws governing marriage and divorce in India sometimes commit grave errors and passes unbelievable orders jeopardizing the career and life of innocent NRIs living far away from their country of birth for livelihood.”


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