Family Law Advice

Right of Muslim woman while living separately

A Muslim woman who is living separately due to cruelty of husband, has right to maintenance under Section 125 of the Code of Criminal Procedure. She can also invoke the provisions of Protection of Woman from Domestic Violence Act. She can claim residence order and monetary relief under the DV Act. Her husband cannot evade himself from his marital responsibility.

Husband has recorded whatsapp conversation

When the recorded whatsapp conversation does not form any ground for divorce as mentioned in Section 13 of the Hindu Marriage Act, the wife should not be worry about that. Conversation between mother and daughter does not amount to cruelty hence, the recorded whatsapp conversation has no legal value.

Cruel behavior of wife: Ground for divorce

If the cruel behaviour of wife is the result of chronic mental illness, the husband can seek divorce under Section 13 of the Hindu Marriage Act. Section 13 enumerates incurable mental disorder as a ground for divorce. The mental illness should be in such an extent that living with wife would be dangerous for the life of husband.

Divorce on mental illness of wife

Curable mental illness is not a ground for divorce under Section 13 of the Hindu Marriage Act. It is responsibility of the husband to take proper care of his wife. Concealment of this fact at the time of marriage does not amount to fraud. Husband cannot dissolve his marriage on the ground of such a curable mental illness.