Wife Secretly Making Phone Calls to Another Man at Odd Hour can this be ground for Divorce ?

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The Kerala High Court recently ruled, while granting a divorce decree to a couple, that a wife making secret phone calls to a man while ignoring her husband’s warning against the same amounts to matrimonial cruelty. 

In his decision, Justice Kauser Edappagth also stated that mere compromise would not amount to condoning cruelty unless and until the matrimonial life was restored. 

The Court was deliberating on a husband’s appeal of a Family Court verdict. The husband had petitioned the Family Court for dissolution of marriage on the grounds of adultery and cruelty, but his plea was denied. 

The husband contended that the wife has committed various heinous acts against him since the marriage’s inception, making his life a living hell. It was also claimed that she had an illicit relationship with the second respondent prior to her marriage and even afterward. 

Advocate appearing for the husband, also contended that a review of the printout of the CD produced by the BSNL would reveal frequent calls between the wife and the second respondent, implying an unholy relationship between them. 

Advocate representing the wife, refuted these claims, claiming that she only called the second respondent on occasion, and then only for official purposes. 

The Court stated that simply because the wife used to call the second respondent on a regular basis could not lead to the conclusion that their relationship was illicit and that there was an adulterous act between them. 

It was also stated that the allegation of adultery must be supported by a high degree of probability. The husband’s evidence was found to be insufficient to prove adultery even by a preponderance of the evidence. 

However, it was discovered that the wife made calls at odd hours as well. For example, on 28/2/2013, she made 10 calls, 5 of which were missed between 10.40 p.m. and 10.55 p.m. 

Although the evidence presented was insufficient to infer adultery on the part of the wife, Justice Edappagath noted that the relevant question was whether making such calls would constitute mental cruelty. 

The Court also recalled that the marital relationship was not cordial from the beginning. In fact, they split up three times, remarried, and went through mediation and conciliation several times. The parties had finally decided to resume their relationship. The wife should have been more cautious in her behaviour in those circumstances, according to the Judge. 

There was no evidence on record to suggest that the husband and wife resumed conjugal life in its true spirit following the compromise. 

Under these circumstances, the Court determined that it was appropriate to grant the couple a divorce.

Dr Ajay Kummar Pandey Advocate
Supreme Court of India
www.4csupremelawint.com
You Tube: c/4CSupremeLaw

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Are you ready?

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Can winking and Blowing kisses land you in Jail ?

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Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

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नोएडा, गाजियाबाद से दिल्ली में लग रहे जाम पर सुप्रीम कोर्ट हुआ सख्त, जारी किया नोटिस

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UNHOLY HOLI, Will Holi land you in Jail ?

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क्रिप्टोकरेंसी को सरकार ने किया स्वीकार! कंपनियों को देना होगा हर लेन-देन का हिसाब

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Reservation more than 50 per cent is need of hour: Maharashtra

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आईटीआर में खामी रह जाने पर इनकम टैक्स 7 तरह के नोटिस जारी करता है, जानिए इनका मतलब

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Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court

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Didda Copyright Row: दिद्दा कॉपीराइट विवाद पर मुश्किल में कंगना, कोर्ट के आदेश पर एक और FIR दर्ज

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फैसला: सुप्रीम कोर्ट ने किराएदार पर लगाया एक लाख का जुर्माना, अद्भुत मामला दिया करार

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

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किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

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When the second marriage of a married woman / man becomes an offense under section 494

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Is Rhea Chakraborty guilty?

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Daughters have equal right in ancestral property

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Is second wife entitled for share in Property?

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How to save your hard-earned wealth from legal hassles?

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What will happen to property of Hindu after his death?

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Are you safe at home?

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Can sex with your own wife land you in jail ?

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Can you land in jail for sharing Obscene Message online in private?

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Legally speaking who discovered America?

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47 years old legal dispute finally decided

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Are you a victim of Covid-19 Goonda Raj? Part-2

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Are you a victim of Covid-19 Goonda Raj ?

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Can RWA stop your maid from coming to your home?

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Can you escape Contractual Obligation under Covid-19?

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Coronavirus: Is vaccine found for India Inc?

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Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Who will pay rent for lockdown period?

Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Legal consequences of being whatsapp group admin

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