Divorce Judgements

Court:DELHI HIGH COURT
The conduct of the wife in refusing to see the husband lying seriously ill, was such that it amounted to cruelty. It can properly and rationally be stigmatised by the word “cruelty” in its ordinary acceptation.

Court:MADHYA PRADESH HIGH COURT
Wife’s behaviour with Husband and his family members was of continuous torture and harassment. Respondent living with her parents most of the time and came intermittently only to matrimonial home for short intervals — She created trouble, causing tension, harassment and apprehension to appellant and his family members.Husband entitled to decree of divorce.

Court:KERALA HIGH COURT
Mental Cruelty — Murder of two minor children — Amounted to cruelty of the worst-sort — Single act of violence against the children establishes the cruel conduct — Amounts to infliction of mental cruelty.

Court:BOMBAY HIGH COURT
Cruelty — Desertion — Dissolution of marriage — Appellant-husband proved that respondent wife treated him with cruelty — Unsubstantiated allegations levelled by respondent wife that husband is having illicit relations.— This amounted to mental cruelty. Marriage between appellant and respondent dissolved in accordance with provisions of Section 13(1)(ia) of Hindu Marriage Act.

Court:HIMACHAL PRADESH HIGH COURT
Husband was denied sexual access, subjected to abuse, locked out of his room, kicked out of bed, his mother was abused and respondent was not performing any household work — This stands established by evidence on record — Marriage between parties is dissolved by decree of divorce.

Court:BOMBAY HIGH COURT
Cruelty — Desertion — Respondent-wife has not substantiated allegations of cruelty in her evidence — She could not substantiate allegations even in Criminal Court — Appellant and his family members were subjected to humiliation, trauma and agony as set out in deposition of appellant — Respondent-wife made unfounded defamatory allegations against appellant — Allegation of death of her father due to harassment suffered by her from appellant, is an unfounded defamatory allegation — Said conduct of respondent amounts to mental cruelty to appellant and he is not reasonably expected to continue cohabitation with respondent.

Court:PUNJAB AND HARYANA HIGH COURT
Cruelty — False complaint by wife — Arrest of Husband and his family members — Taking advantage of one’s own wrong — Respondent-wife filed false complaint alleging offence under Section 498A and other provisions of IPC — Appellant-Husband and his family members were acquitted — Husband entitled to seek divorce on ground of cruelty under Section 13(1)(ia) of Act — Since respondent-wife had taken advantage of appellant of her own wrong and not appellant, Section 23(1)(a) would come to rescue of appellant and not respondent.

Court:RAJASTHAN HIGH COURT
Section 13(1)(ia) — Cruelty — Dissolution of Marriage — Respondent wife was adament in her disinclination to discharge her marital obligations including cohabitation — Coupled with this is institution of criminal case under Section 498A, IPC against appellant and his family members in connection with which he had been arrested by police — Parties not conducive to rehabilitation — Age-wise whole life awaits then — This Court inclined to grant dissolution of marriage between parties.

Court:RAJASTHAN HIGH COURT
Cruelty — Dissolution of Marriage – Children of husband from earlier marriage had to be shifted to Jaipur on account of atrocious behaviour of wife — Wife found to have adopted double standard in her behaviour to her own child and children of husband from their earlier marriage — When husband met with accident, wife did not look after him and he had to be shifted to Jaipur to his brother for care and treatment.

Court:MADHYA PRADESH HIGH COURT
Section 13(1)(ia) — Husband’s petition for divorce on wife’s cruelty — Wife asked to accompany husband and engaged herself in a scuffle with him and also slapped him — Altercation seen by witness — Her behaviour with members of his family not proper. Divorce granted to husband on ground of cruelty.

Section 13 — Cruelty — Husbands petition for divorce — Ground — Cruelty — Marriage took place in 1976 — Wife living with the husband only two or three times — Tried to commit suicide — Wife denying the allegations — But did not examine herself or any witness — Wife, alleged that husband married for second time — Implying that husband living adultery — Whether inference can be drawn against her ? (Yes).

Court:DELHI HIGH COURT
Section 13(1)(ia) — Divorce granted to husband on account of wife’s cruelty — Wife filing criminal complaints against husband and his parents. Beating to husband by wife and her brothers. Aforesaid acts of cruelty sufficient to grant decree of divorce.

Court:PUNJAB AND HARYANA HIGH COURT
Section 13(1)(ia) — Husband’s petition for divorce on ground of wife’s cruelty — Husband proving continuous contempt, disrespect and misbehaviour of wife towards him and his family members causing mental agony — Wife even not attending funeral of his father-in-law — Wife held guilty of mental cruelty entitling the husband to divorce.

Court:MADRAS HIGH COURT
Section 13(1)(ia) — Cruelty : Wilful denial of sexual relationship by spouse, when other spouse anxious for it, would amount to mental cruelty : Family Court rightly granted decree of divorce.

Court:BOMBAY HIGH COURT
Cruelty — Sufficient cause — Grant of divorce — Unreasonable criminal proceedings initiated by respondent-wife — Appellant-husband suffered tremendous mental agony — Not possible for him to cohabit with respondent-wife — Her continuous complaints to appellant’s employer jeopardized his prospects in his employment — Cross-examination of respondent-wife shows she was blaming appellant-husband for not being able to conceive, that also amounts to cruelty meted out to appellant — Appellant made out sufficient case for grant of divorce on ground of cruelty — Respondent-wife made false allegation of cruelty and desertion against appellant-husband — Appellant was acquitted in both cases — He suffered harassment and ignominy of having been taken in custody for 8 days for complaint under Section 498A, IPC.

Court:CALCUTTA HIGH COURT
Cruelty : Mental Cruelty: Wife asserted husband had illicit relationship with many women : It was for wife to prove such allegations : It was not for husband to prove allegations of wife were false : Baseless allegations of cruelty by one spouse against other constitute mental cruelty of gravest character to warrant divorce.

Court:MADHYA PRADESH HIGH COURT
Mental Cruelty — Wife lodged complaint under Section 498A, IPC against husband and his family members — They were arrested and subsequently acquitted — Conduct of wife amounts to mental cruelty against husband. Trial Court rightly held that appellant-wife caused mental cruelty to respondent-husband — There is also evidence that wife living separately from her husband without any reasonable ground — Trial Court rightly granted decree of divorce in favour of respondent.

Court:MADHYA PRADESH HIGH COURT
Mental Cruelty — Wife left matrimonial home without any cause — Non-compliance of compromise under Section 9 of HMA — Mental cruelty with appellant-husband as not performing marriage obligation — Appellant-husband entitled to receive decree of divorce.

Court:ALLAHABAD HIGH COURT
Mental Cruelty — Malicious and damaging letters — Adultery not proved — Humiliating words in complaint — Parties living separately for past 14 years — Marriage broken down irretrievably — Criminal cases lodged by respondent-wife to create problem for appellant-husband being an employee of Government Organization — This is fortified by statement of respondent-wife, opposing bail application of appellant-husband at District Court and High Court — Allegations of respondent-wife tantamounts to tarnishing his social reputation and respect and straining relationship beyond repair — Marriage became unworkable, emotionally dead, beyond salvage and broken down irretrievably — Appellant-husband entitled to decree of divorce — Observations made by Court regarding permanent alimony.

Court:MADRAS HIGH COURT
Section 13(1)(ia) — Mental Cruelty — Denial of conjugal relationship and insistence for setting up separate home will amount to cruelty to husband — No strong reason adduced by respondent/wife to establish harassment or torture by mother-in-law — These pleadings made only to stay away from husband — Continuous separation show no chance of reunion between parties — Marriage has become dead and there is no purpose in continuing legal bond between parties — Divorce granted to appellant/husband.

Court:ANDHRA PRADESH HIGH COURT
Cruelty — Illicit intimacy — Allegedly first respondent was living in adultery with second respondent — They have a child also — As per DNA Test, appellant-husband has been held to be not biological father of child gave birth by first respondent— Neither of respondents is present to controvert averments — Divorce granted on ground of cruelty.

Court:ORISSA HIGH COURT
Section 13 (1)(ia) — Cruelty — Five months after marriage respondent-wife insisted husband for staying separate — When husband refused, she threatened to commit suicide — Even attempted to commit suicide — Confession of respondent-wife that she had conceived before marriage and repeated threats to commit suicide constitute mental cruelty — Findings of Courts below are perverse — Set aside — Marriage between parties dissolved.

Court:JHARKHAND HIGH COURT
Cruelty — Desertion – Continuous desertion on part of respondent-wife is reflective of her indifference or total departure from normal standard of conjugal relationship — Appellant-husband is compelled to live with marriage in which other spouse is no longer interested. Conduct of respondent-wife in withdrawing from matrimonial obligation i.e. by not permitting and facilitating co-habitation between parties without any reasonable cause would also be equivalent to mental cruelty.

Court:SUPREME COURT OF INDIA
Dissolution of Marriage — Power of Supreme Court — Enforcement of order — Parties have been living separately for more than decade — All attempts of reconciliation through mediation have failed — No chance of both living together to continue their marital life — In order to ensure that parties may live peacefully in future and their daughter would be settled properly in her life, quietus must be given to all litigations between parties — All proceedings pending in various Courts, if any, shall stand disposed of — Appropriate to exercise power under Article 142 of Constitution to do substantial justice to parties — Marriage dissolved subject to fulfillment of conditions.

Court:CHHATTISGARH HIGH COURT
Section 13(1)(ia) — Cruelty — Cruelty is an act committed with intention to cause sufferings to opposite party and it has become intolerable for other to suffer any longer and to live together is impossible — This is to be judged not from solitary incident — But on overall consideration of all relevant circumstances — Austerity of temper, rudeness of language, occasional outburst of anger may not amount to cruelty, though it may amount to misconduct.

Court:DELHI HIGH COURT
Cold indifference like not visiting the hospitalized husband amounts to cruelty.

Court:PUNJAB AND HARYANA HIGH COURT
Section 13(1)(ia) –– Cruelty — Acts of wife proving her incorrigible conduct –– Amounts to cruelty towards her husband –– Wife can’t be allowed to take advantage of her own wrong.

Court:PUNJAB AND HARYANA HIGH COURT
Section 13(1)(ia) and 20(2) — Husband’s petition for divorce on ground of wife’s cruelty granted by Trial Court — Appeal against by wife — Appellate Court finding wife leaving matrimonial home 12 days after marriage with jwellery and dowry articles — Thereafter followed series of offensive and defensives — Evidence and pleadings of wife’s cruelty.

Court:DELHI HIGH COURT
Husband’s petition for divorce on ground of wife’s desertion––Period of desertion established––Onus to prove that desertion was not intended or that there was reasonable cause to desert––It is on the deserting spouse––No plausible and convincing reason proved by deserting spouse for leaving matrimonial home––Divorce on ground of desertion granted.

PUNJAB AND HARYANA HIGH COURT
Section 13 — Marriage dissolved by decree of divorce on ground of desertion and cruelty — Appeal by wife — Husband a widower having a son from first wife — Appeared that wife is not ablet to reconcile that she has to look after the son from first wife — Presence of son causing heart burning — Document of return of dowry executed in presence of respectables — Wife not willing to return to matrimonial house — Decree of divorce affirmed.

Court:SUPREME COURT OF INDIA
Section 13(1)(ia) — Mental Cruelty — Sexual deprivation by wife — Non-consummation of marriage on part of appellant- wife — Respondent-husband, in his evidence has narrated in detail incidents of alleged cruelty suffered by him — Appellant admits that marriage was not consummated — Not allowing a spouse for a long time to have sexual intercourse by his or her partner without sufficient reason, itself amounts mental cruelty to such spouse — No ground to interfere with decree of divorce passed by High Court on ground of cruelty.

Court:PUNJAB AND HARYANA HIGH COURT
Family Courts Act, 1984 — Section 19 — Hindu Marriage Act, 1955 — Section 13 — Divorce — Cruelty — Appellant married and two children were born out of wedlock — Incidents of cruelty proved by PW 1 which are corroborated from statement of PWs 3 and 4 — Cruelty includes insulting husband and other members of his family in presence of guests — Foul language also used against husband and in-laws — Husband was not allowed to talk to his children on phone when he was in Holland — Reassessment of evidence on record proves case for divorce on ground of cruelty — Trial Court’s judgment upheld — No force in appeal.

Court:PUNJAB AND HARYANA HIGH COURT
Divorce on ground of cruelty – Appeal – Appealant wife misbehaved not only with husband and in-laws but also with guests and visitors – Appealant also filed criminal cases against respondent husband. Appeal dismissed.

Court:HIGH COURT OF DELHI
Section 13(1)(ia) — Cruelty — Prima facie case made out — Trial Court rightly held respondent wife along with her father caused mental cruelty upon petitioner husband in deserting his matrimonial home, after birth of child and by involving petitioner and his family in proceedings under Sections 313, 498A, 341, 324, 34, IPC.

Court:HIGH COURT OF RAJASTHAN
Involvement of Appellant wife in a murder case amounts to cruelty and Family Court had rightly granted decree of divorce.

Court:ALLAHABAD HIGH COURT
Cruelty: What amounts to : False, scandalous, malicious, baseless and unproved allegations made by one spouse amounts to cruelty : Cruelty may consist of single act or series of acts.

Court:RAJASTHAN HIGH COURT
Section 13 — Cruelty : Wife Practised Cruelty by Her Own Misbehaviour and by Making False Allegations Against Her Husband About His Having Illicit Relations with His Brother’s Wife : Family Court Justified in Passing Decree of Dissolution of Marriage.

Court:RAJASTHAN HIGH COURT
Wife Refused to Cook Food and Insulted Husband in Presence of his Relations : She does not Want to Live with Husband : Decree of Divorce Confirmed.

Court:PUNJAB AND HARYANA HIGH COURT
Petition by husband for decree of divorce — Appellant writing letter to respondent stating that he was rascal and his mother, sister and brother’s wife had given birth to bastards — She disowned her own writings — She also had pungent tongue — Levelling false allegations could reasonably cause mental cruelty to respondent giving him justifiable ground for divorce.

Court:DELHI HIGH COURT
Cruelty — Defamatory complaints to employer or other authorities constitute worse type of cruelty — Cruelty consists not in conduct complained of but in its impact upon spouse.

Court:HIMACHAL PRADESH HIGH COURT
Section 13(1)(ia) — Cruelty — Not defined under H.M. Act — No strait-jacket formula — Depend upon number of circumstances and facts of case — Factors constituting cruelty — Making false allegation that too unproved — Tantamounts to cruelty.

Court:ANDHRA PRADESH HIGH COURT
Cruelty : Sufficient Material Against Wife : Marriage Irretrievably Broken Down — Behaviour of respondent-wife such that it is impossible for petitioner-husband to share marital life with her — Even in her evidence she admitted that she gave police complaints against petitioner and sent petitions against him to High Court only with a view to create problems to petitioner —Respondent-wife is bent upon wreaking vengeance against petitioner — Cumulative effect — Marital relationship of parties irretrievably broken down.

Court:CALCUTTA HIGH COURT
Husband’s petition for divorce on ground of wife’s cruelty — Wife frequently departing from matrimonial home without permission putting husband in constant fear and anxiety by leaving suicidal notes — Lodging complaint in police against husband and her in-laws — Writing, insulting and offensive letters to office of husband — Facts prove that wife treated the husband with cruelty.

Court:PUNJAB AND HARYANA HIGH COURT
Question of condonation of cruelty of wife by husband — Husband specifying Acts of cruelty — Wife neither specifying which of the various acts of cruelty was condoned and when.

Court: MADHYA PRADESH HIGH COURT
Lodging of false criminal report by wife against her husband & his family — Leading to arrest of husband & harassment of his family — Refusal by wife to fulfill sexual desire of her husband & defaming husband to be impotent — Amounts cruelty to husband — Marriage deserves to be dissolved.

Court:DELHI HIGH COURT
Section 13(1)(ib) — Wife’s desertion since 28.9.79 — Wife leaving matrimonial home as her own — Allegation that she was driven out not believable — Whether husband is also entitled to decree of divorce on ground of desertion by wife ? (Yes).

Court:DELHI HIGH COURT
Charges of immorality levelled by wife against husband were reckless and entirely baseless. Further, wife’s own evidence before Court led credence to husband’s case that wife insulted and humiliated him by false accusations and injurious reproaches. Wife’s charges were deliberate, willful, injurious and persistent – Thus, it was clear that re-establishment of matrimonial relationship was not possible. Decree of divorce in favour of husband on ground of cruelty.

Court:DELHI HIGH COURT
Husband’s petition for dissolution of Marriage owing to wife’s cruelty — Wife asking husband to live separately due to ill-treatment of her mother-in-law — Wife writing letters to husband threatening him to insult in his office and in front of his superiors that be would not forget it for the rest of his life — Intemperate language used — Referring to a husband as the incarnation of “Havana” — Calling him a person of mean mentality and cheap character — Making unsubstantiated allegations regarding illicit relationship. Wife guilty of the matrimonial offence of cruelty.

Court: GAUHATI HIGH COURT
Wife neither having any tolerant attitude nor ready to make even a small sacrifice. Misbehavior of wife at public places and resiling from settlement. Cruelty of wife established.

Court: HIMACHAL PRADESH HIGH COURT
Cruelty : Legal : False Allegations of Harassment, Physical Assault, Not Providing Maintenance : Amounts to Cruelty — Allegations made by Wife against Husband in application are unfounded, baseless and false — Amounts to legal cruelty.

Court:ANDHRA PRADESH HIGH COURT
On complaint lodged by wife, husband arrested and sent to judicial custody — Kept under suspension by his employer — Matter reached point of no return — Any amount of persuasion to keep matrimonial home in good stead is of no use — Marriage dissolved by granting decree of divorce.

Court:DELHI HIGH COURT
Indifferent behaviour with the husband and his relations––Trying to jump from balcony on the event of marriage in family––Not permitting normal sex to respondent—Indifference to the ailing father-in-law––Cruelty.

Court:DELHI HIGH COURT
Divorce — Cruelty by wife — Allegation of illicit relationship with his sister-in-law and niece of respondent itself constitutes cruelty — Respondent was subjected to cruelty after settlement agreement and it continued till impugned judgment was passed — Decree for divorce affirmed.

Court: Gauhati High Court
Wife lodged false criminal proceeding and threatened to commit suicide. Leveling such serious allegations, in absence of any proof thereof, itself amounts to cruelty. Divorce granted on ground of cruelty.

Court:ALLAHABAD HIGH COURT
Divorce on ground of cruelty – Appeal – Cruelty includes not only physical cruelty but also mental cruelty. Sufficient material on record to prove that wife had treated husband with mental cruelty and it had become impossible for husband to live with wife.

Court:CALCUTTA HIGH COURT
Voidable Marriage — Fraud — Appellant-wife suffering from malignant cancer prior to her marriage with respondent-husband — Appellant-wife failed to prove that disease and its nature disclosed to respondent-husband prior to their marriage.

Court: UTTARAKHAND HIGH COURT
Divorce, Cruelty, Desertion — Husband and wife not living together. Testimony of husband reliable. Cruelty committed by wife fully proved on record. Divorce granted on ground of cruelty.

Court:PUNJAB AND HARYANA HIGH COURT
By wife’s abnormal behaviour impossible for Husband to reside with Wife — Wife failed to discharge her marital obligations — Treated Husband with mental cruelty. Decree of Divorce granted.

Court: UTTARAKHAND HIGH COURT
Wife made no attempt to come back to her husband’s house nor tried to contact him over phone — Husband has sufficiently proved on record that he was subjected to cruelty by wife and entitled to divorce.

Court:Delhi High Court
Divorce on ground of cruelty – Allegations of adultery – Burden of Proof – Allegations of adultery made by wife. Allegations of adultery have a consequence of damaging one’s reputation, taking away the dignity of that person in the eyes of his family, friends and society. Burden of proving adultery is placed in wife.

Court: CHHATTISGARH HIGH COURT
Irretrievable breakdown of marriages — Compromise between parties. Waiting for period of 6 months not mandatory — Divorce by mutual consent granted.

Court:BOMBAY HIGH COURT
Sufficient proof of allegation of cruelty by husband on part of wife — No reason to refuse decree of divorce.

Court:PUNJAB AND HARYANA HIGH COURT
Wife made allegations on her sister-in-law to create situation where relationship between parties comes to worst. Wife was guilty of inflicting cruelty upon Husband including mental cruelty of worst kind. Marriage dissolved.

Court:DELHI HIGH COURT
Cruelty — Desertion — Appellant-wife failed to lead cogent evidence to establish respondent-husband created such circumstances that it was not possible for her to reside in matrimonial home — Wife made reckless allegations against husband of being womanizer and corrupt — It would have caused such pain and suffering to respondent as to lead to apprehension that it would not be conducive to his physical and mental well-being to live with wife. Marriage dissolved.

Court:DELHI HIGH COURT
Respondent/wife did not care to cause appearance or any point of time expressed her willingness to live with appellant-husband as his wife — Wife is residing separately with her parents from petitioner. Ground of desertion stood established in this case — No ray of hope that parties have any intention to give another trial to their marriage. A decree of divorce is passed dissolving marriage of appellant with respondent with immediate effect.

Court:PUNJAB AND HARYANA HIGH COURT
Void Marriage — Wife contracted second marriage when first husband very much alive — Such a marriage patently illegal and is null and void.

Court:Delhi HIGH COURT
Personal appearance of party not necessary — Power of attorney can also act in matrimonial cases as per instructions of their principal — Where parties are living far away from jurisdiction of Court competent to dissolve marriage, parties after filing their affidavits can appoint attorneys to act on their behalf.

Court:ALLAHABAD HIGH COURT
Mental and Physical Cruelty : Allegations of having illicit relationship and extra marital affairs made by wife against husband amounted to cruelty : Various criminal proceedings initiated against husband found to be false and final report submitted. Husband entitled to divorce under Section 13(1)(ia) of Act.

Court:DELHI HIGH COURT
Mental Cruelty — Wife taunted Husband for not being able to satiate her sexual desire on account of his being heavy weight — Calling of names and hurling of abuses. Incidents are grave and weighty matrimonial offences by wife — Events not relating to normal wear and tear of a marriage.

Court:Delhi High Court
Denial of sexual intercourse after marriage — Refusal to perform customary rituals — Sex is the foundation of marriage and marriage without sex is an anathema — Wilful denial of sexual intercourse without reasonable cause would amount to cruelty.

Court:ALLAHABAD HIGH COURT
Annulment of Marriage — Husband alleged to be H.I.V. positive — There is nothing in Section 5 to annul marriage on ground of HIV infection or any other disease — Parties were major at the time of marriage — There was no need for consent of guardians — No evidence to show that petitioner was HIV positive before marriage, no question of concealment arose — On ground of any disease except mental disease, no marriage can be declared null and void as provided under Sections 5 and 12 of Act — Matrimonial petition in abuse of process of law — Proceedings quashed.

Court:DELHI HIGH COURT
Threat to commit suicide by consuming acid — By said act, wife alleged to be pregnant created fear in the mind of husband and his family. Fear in the mind of husband and his family cannot be called unfounded. Acts of wife amount to mental cruelty.

Court:RAJASTHAN HIGH COURT
Totally false and baseless allegation leveled against Husband by Wife about having illicit relations with his Bhabhi, clearly tantamounts to cruelty on her part to respondent-husband — Respondent-husband entitled to decree of divorce on this ground.

Court: DELHI HIGH COURT
Illicit relations — Baseless allegations by wife — Wife suffering from delusion and continuously under treatment — Appellant-wife living with her parents most of the time after her marriage and she had been under treatment — False and baseless allegations made by appellant-wife against her husband about illicit relations remain unproved — Such type of aspersions on character of respondent-husband even or on his ‘Bhabhi’ is worst form of cruelty.

Court:CALCUTTA HIGH COURT
Unfounded allegations against husband not proved by wife — Holy relationship of brother and sister maligned by wife that it pricks to conscience of Court to accept that wife is guilty of treating Husband with mental cruelty.

Court:UTTARANCHAL HIGH COURT>
Husband successfully proved he was treated with cruelty by his wife, by her acts of hurling abuses at him and beating members of his family : Alleged acts of violence on part of wife, committed by her, get corroborated from medical injury report : Allegations made by wife as to harassment on account of dowry, not established on record. Divorce granted.

Court: BOMBAY HIGH COURT
Allegations made by wife baseless and false and constituted cruelty : Learned Judge right in granting decree of divorce on that ground and rejecting her petition for maintenance under Section 18 of Hindu Marriage Act.

Court:BOMBAY HIGH COURT
Marriage between parties irretrievably broken down — Parties cannot be reasonably expected to live together — Wife has made wild unsubstantiated allegations against husband — Applicant-husband subjected to mental cruelty at the hands of respondent-wife — Family Court rightly allowed petition of husband for dissolution of marriage under Section 10(1)(x) of Act on ground of cruelty.

Court:ALLAHABAD HIGH COURT
Letters written by wife showed her deep love for other man. She ran away and FIR was lodged. In matrimonial matters direct evidence of adultery is not possible, circumstantial evidence is sufficient to prove conduct of wife. The wife is guilty of cruelty to her husband.

Court:SUPREME COURT OF INDIA
Constant persuasion by wife for getting separated from family members of husband — Wife wanted husband to leave his parents — Persistent effort of respondent-wife to constrain the appellant-husband to be separated from family would be torturous for husband.

Court: MADHYA PRADESH HIGH COURT
Cruelty, Adultery : Wife made scandalous statement against appellant/husband about his illicit relation with his elder brother’s wife : Trial Court wrongly held that allegations made by respondent/wife in her written statement and her deposition on oath cannot be taken into consideration while deciding this petition : Trial Court erred in directing husband to file separate petition for getting required relief on basis of allegations made by wife : Approach of Court contrary to settled principles of law which lay down Court’s power to take into consideration events subsequent to filing of petition.

Court:DELHI HIGH COURT
Mental Cruelty — Desertion — Restitution of Conjugal Rights — Cruelty committed on respondent-husband and his family by appellant-wife — Animus deserendi proved by respondent-husband to seek divorce on ground of desertion — Appellant-wife is breathing hot and cold in same breath — On the one hand she is projecting herself to be victim of harassment on account of dowry demand, being treated with cruelty by her husband and in-laws on account of dowry demands not fulfilled, on the other hand, even today she claims she is ready to join her husband and she never had any intention to bring an end to cohabitation or waiting for her husband to take her back — No ground to interfere with impugned order dissolving the marriage.

Court:PUNJAB AND HARYANA HIGH COURT
Void Marriage — Bigamy — Declaration — Respondent had spouse living at the time of her marriage with appellant — Contravention of Section 5(i) of Act — Merely because they have been married for considerable time, it cannot be per se said that they are acting in collusion with each other — Marriage between parties declared void as it contravenes Section 5(i) of Act.

Court: MADHYA PRADESH HIGH COURT
Adultery — Addition of party — In a petition seeking dissolution of marriage on ground of adultery, the date and place of the adultery and the name and address of the person with whom the adultery was committed by the respondent is required to be stated — Duty of Court to issue notice to respondent and co-respondent is in consonance with the principles of natural justice as the finding recorded in suit would adversely affect the reputation of concerned person and such a person should have an opportunity to defend his reputation before such a finding is recorded.

Court: DELHI HIGH COURT
Mental Cruelty — Illicit relationship — Threat to commit suicide — Appellant-husband suggested divorce by mutual consent in the backdrop of respondent-wife’s illicit relationship, but she preferred not to even respond to that suggestion — Their daughter is being brought up by her father and grandmother for last 4 years — Version of appellant-husband that telephonically respondent-wife communicated her intention to live with her lover only — Accusations against wife specific as well the efforts made by husband to find peaceful solution to problem — Appellant-husband knows if wife attempts to commit suicide or commit suicide he and his entire family would be entangled in criminal case — Legal consequences that may ensue on threat being extended by wife to commit suicide or attempted suicide, impact on his life is to the extent that his entire family starts living under shadow of fear of being implicated in case under Sections 498A, 306, 304B, IPC — Threat to commit suicide constitutes Cruelty for purpose of Section 13(1)(ia) of Act — Decree of divorce granted in favour of appellant-husband.

Court:PUNJAB AND HARYANA HIGH COURT
Lodging false criminal case — Contracting second marriage — Respondent-wife lodged false criminal case against appellant-husband and his family — No material to frame charges against appellant and his family members — They were acquitted — Respondent-wife married one and living happily with him — Contracting second marriage during subsistence of first marriage would also amount to cruelty — Appellant-husband established that respondent wife is guilty of cruelty and entitled to get decree of divorce.

Court: Supreme Court of India
Once Court holds it has no jurisdiction in matter, it should not consider merits of matter — Though issue of jurisdiction of Court decided against wife, without following procedure under Section 23(2), Hindu Marriage Act, Court dismissed petition on merits which could not have been done.

Court: RAJASTHAN HIGH COURT
Cruelty — Character assassination — According to husband, wife was having illicit relations with a distant relative before marriage and that persisted thereafter — Parties living separately for more than 14 years — Wild allegations made by wife against husband in reply to petition were sufficient to cause mental agony to husband — It is nothing than to injure reputation which amounts to mental cruelty — There is irretrievable breakdown of marriage of parties considering serious allegations made by wife throwing mud on the character of husband that her real sister has walked into life of her husband, which was not even prima facie established — It is difficult for both of them to live together as a happily married couple —Divorce granted.

Court:DELHI HIGH COURT
Appellant wife failed to substantiate allegations leveled against respondent-husband even on yardstick of preponderance of evidence — Allegations of such a nature that would have lowered image of respondent in eyes of his superiors, subordinates and peers — This act would certainly constitute cruelty.

Court:Supreme Court of India
Obligation of Court that marriage status should, as far as possible, as long as possible and whenever possible, be maintained — However when marriage is totally dead, in that event, nothing gained by trying to keep parties tied for ever to marriage which in fact has ceased to exist.

Court: ANDHRA PRADESH HIGH COURT
Suppression of an item of information cannot be treated as ground under Section 12(1)(c) of Act — Section 12(1)(c) gets attracted only when consent obtained by fraud or through force — Respondent has not made out case under Section 12(1)(c) of Act.

Court: DELHI HIGH COURT
False accusation by wife — Acts of cruelty included constant threat by wife to have the husband arrested which caused stress to the husband and his family with the result that it was not possible for him to continue with the marriage — False accusations had adversely affected mind and health of husband causing great embarrassment to him and his family leading them to be looked down upon by relatives, friends and neighbours. Family Court fully justified in dissolving the marriage of parties by decree of divorce.

Court:RAJASTHAN HIGH COURT
Cruelty — Desertion — Adultery — Grounds well established by Husband — Divorce decree sustained. Not fit case of making efforts through mediation for restoration of matrimonial home.

Court:DELHI HIGH COURT
Respondent-wife failed to establish charge of illegal relationship of appellant-husband with lady concerned. Marriage irretrievably broken, cruelty established.

Court: Delhi High Court
Section 151 – Courts have unlimited and unrestricted inherent powers – Explained.

Court: Delhi High Court
Foreign Divorce Decree — Not required to be confirmed by Court of this country — However, decree obtained from foreign country must satisfy requirements of Section 13, CPC .

Court:Supreme Court of India
Wife living separately and filing cases against Husband which cannot be substantiated. Divorce Decreed.

Court: Andhra High Court
Irretrievable breakdown of marriage. Husband and Wife living separately for a long period of time.

Court: KERALA HIGH COURT
Dissolution of Marriage on Mutual Consent : Petitioner and Respondent Residing Separately for more than 2 Years : No Possibility of Reproachment : Waiting Period of 6 Months can be Waived.

Court:DELHI HIGH COURT
Conduct of wife of leaving her matrimonial home and never returning back or even making enquiry of her children was enough to lead to irresistible conclusion that she left to bring co-habitation to an end. Husband granted decree of divorce.

Court:HIGH COURT OF ORISSA
Husband and Wife not interested to live with each other – It would be in interest of parties to sever matrimonial ties since marriage has broken down irretrievably.

Court:ANDHRA PRADESH HIGH COURT
The word ‘impotence’ is not related to a particular gender like male only. It relates to either gender. The criterion is the practical impossibility of consummation of marriage on account of impotency of either the husband or the wife. Incapability of copulation on the part of either of the spouses either due to structural defects in the organs of generation or due to some other cause resulting in non-consummation of marriage is impotence and the said word is equally applicable to both husband and wife.

Court:PUNJAB & HARYANA HIGH COURT
Charge can be established by circumstantial evidence — It is not always possible that witnesses would see one of the spouses with paramour in objectionable posture to prove charge of adultery.

Court:HIGH COURT OF DELHI
Divorce on the ground of desertion and cruelty – Parties lived together for 7 months and litigating for 25 years – Husband employed as judicial officer and wife working under government – Wife making various complaints in respect of her husband – An article also published in the newspaper on the basis of interview of wife – Such conduct caused mental agony to the husband – Decree of divorce affirmed.

Court:Supreme Court of India
Power of Court to direct medical examination of party to matrimonial litigation not violative of Article 21 of Constitution : Court should exercise such power if applicant has strong prima facie case and there is sufficient material before Court : If despite order of Court, respondent refuses to submit himself to medical examination, Court will be entitled to draw adverse inference against him.

Court: HIMACHAL PRADESH HIGH COURT
Filing of false complaints and threatening the Husband amount to acts of cruelty. Wife used to leave the matrimonial home at her own will, which amounts to desertion. Decree of divorce granted to Husband.

Court:Allahabad High Court
Annulment of marriage on the grounds of impotency of wife and fraud.

Court: MADRAS HIGH COURT
Divorce can be granted where marriage is totally unworkable, emotionally dead beyond salvage and broken down irretrievably, even if facts of case do not provide ground in law. Both Husband and Wife living separately for more than thirty years. Marriage has become dead and no useful purpose would be achieved in keeping marriage alive Husband entitled to divorce on ground of irretrievable breakdown of marriage.

Court: HIMACHAL PRADESH HIGH COURT
Dissolution of marriage by mutual consent according to customary law — Under Section 29(2) of Hindu Marriage Act, divorce by custom is saved — Under ancient Hindu Law there was no right of divorce but dissolution of marriage was recognized under various customary laws — Trial Court held that custom does exist and is valid and saved by Section 29(2) of Act — It was held that there was no marriage subsisting between parties.

Court: MADHYA PRADESH HIGH COURT
Wife taken away marriage gifts. Proved by husband that respondent deserted him for continuous period of more than two years. Decree of divorce granted.

Court: PUNJAB & HARYANA HIGH COURT
Hindu Marriage Act, 1955 — Sec. 13(1)(ia) — Cruelty — Meaning of Cruelty — Conduct of appellant in matrimonial home — Her threats and attempts to commit suicide — Act of lodging false complaint against her husband — Relations u/Secs. 498-A/34, I.P.C., resulting in acquittal — Are incidents of appellant’s cruel behaviour towards respondent — Making it impossible for respondent to live peacefully with her in conjugal home — Trial Court not fallen into error in holding appellant guilty of offence of cruelty & granting decree of divorce in favour of respondent — Whether correct ? — (Yes).

Court:UTTARAKHAND HIGH COURT
Cruelty, Desertion — Both grounds proved by respondent — False allegation of adultery against husband or wife is mental cruelty and is ground for divorce — Vague allegations made to defame by petitioner amounts to cruelty — Respondent wife failed to implead as party and prove her allegation of adultery against petitioner — Non-compliance of Rule 13 of Divorce Rules — From statement of appellant it is clear there was no relationship between parties as husband and wife even when they were not resided under single roof since April 2001 — Appellant deserted respondent and did not cohabit with him — Respondent proved both grounds for divorce, i.e., cruelty and desertion — Petition rightly allowed by Trial Court for decree of divorce.

Court:Delhi High Court
While adjudicating matrimonial cases, courts to be cautious and conscious of fact that the holy bond of matrimony involves delicate human emotions and complex situations and often there gets created a chasm which if fortified by court can lead to irredeemable destruction.

Court: GAUHATI HIGH COURT
No logic or rationale in permitting parallel proceedings before Court. Illogical to continue proceedings.

Court:SUPREME COURT OF INDIA
One of the parties incapable of giving consent. Marriage null and void.

Court:Delhi High Court
Act of Wife in filing false complaint case and getting her Husband and other in-laws arrested clearly amounts to cruelty. Decree of divorce passed.

Court:Supreme Court of India
Divorce petition in H.C. on original side. Direction to appear- Non Appearance-Defence rightly struck off.

Court:DELHI HIGH COURT
Husband has the right to cross examine Wife.

Court: ALLAHABAD HIGH COURT
Appellant-wife has treated respondent with mental cruelty and permanently deserted respondent-husband in terms of Section 13(1)(ia), (ib) of Act. Lodging of FIR and spate of complaints with all sorts of allegations by wife against husband is indicative of fact that there was no desire on part of wife to continue marital relation with husband. Divorce granted.

Court: BOMBAY HIGH COURT
Foreign Judgment shall not be recognised if not Pronounced by Court of Competent Jurisdiction : General and Well Established Rule of Private International Law is that Wife’s Domicile Follows Domicile of Husband — Competency of Court to be decided with reference to question of jurisdiction — If Court has no jurisdiction it is not competent Court to pass decree.

Court: MADHYA PRADESH HIGH COURT
Statements of witnesses prove behaviour of appellant/wife due to her mental illness was so apprehensive/reprehensive that it was torture for respondent-husband to live with her : Mental agony and affliction caused to respondent/husband by hazardous act and conduct of appellant/wife establishes mental disorder of appellant/wife was of such kind and so extensive that it was not possible for respondent/husband to live normal peaceful life with his wife : Trial Court rightly dissolved marriage by decree of divorce on ground mentioned under Section 13(1)(iii) of Act.

Court: ANDHRA PRADESH HIGH COURT
Adulterer necessary party and ought to be made second respondent.

Court: JHARKHAND HIGH COURT
Parties living separate from each other. No chance of their living together. Better that both parties be permanently allowed to live separate from each other. Decree of divorce allowed.

Court: MADHYA PRADESH HIGH COURT
Cruelty in the Act not envisaged to acts of physical violence and may extend to behaviour causing pain and injury to mind and to render continuance in matrimonial home an ordeal making it impossible for them to live together without mental agony, torture or distress — Acts and conducts amounting to mental cruelty have some times more devastating effect than acts of physical violence.

Court:PATNA HIGH COURT
In retaliation to divorce case criminal case filed by Wife Conduct of appellant negates her claim. Husband able to prove grounds of cruelty.

Court:UTTARAKHAND HIGH COURT
Merely for the reason that wife is suffering from illness, no justification on part of wife for deserting her husband and live in adultery. Divorce on ground of desertion.

Court:PATNA HIGH COURT
Act of Wife in neither willing to return to matrimonial home nor allowing peaceful divorce to petitioner, proves beyond any doubt that there is no chance of marriage being retrieved and continuance of such marriage would itself amount to cruelty.

Court:ANDHRA PRADESH HIGH COURT
The grounds on which a decree for Judicial separation can be passed are the same as that of a decree for divorce. So unless a case for divorce is made out, the question of granting judicial separation does not arise.

Court:ALLAHABAD HIGH COURT
Wife was suffering from Mental Illness.This material fact concealed hence Annulment.

Court: RAJASTHAN HIGH COURT
Ex parte decree upon application filed by respondent-husband under Section 9 of Act, was passed against appellant-wife, before she filed application under Section 13 of Act — Appellant did not attend Court even after service of notice — She did not comply with decree and living separately in spite of fact that decree under Section 9 has already been passed by Family Court Judge — Trial Court rightly concluded that respondent husband has not deserted appellant — There is no question to accept application under Section 13 of Hindu Marriage Act for grant of divorce on ground of desertion — With regard to allegation of cruelty, appellant admitted that before filing divorce petition, FIR under Sections 498-A and 406, IPC filed against respondent and he was acquitted from charges levelled against him — Appellant-wife pleaded that she had no knowledge of acquittal — Family Court committed no error rejecting application filed by appellant for granting divorce under Section 13 of Act in view of decree granted in favour of respondent under Section 9 of Act.

Court:PUNJAB AND HARYANA HIGH COURT
The Husband was able to prove that the Wife had deserted him without any reason, much less sufficient, he is entitled to a decree of divorce.

Court: Supreme Court of India
Events subsequent to filing of divorce petition can be taken into consideration.

Court: MADRAS HIGH COURT
From the time of the marriage, the Wife was not willing to have intercourse with the husband, hence Annulled.

Court:SUPREME COURT OF INDIA
Wife’s total indifference and neglect during illness of husband. Parties have no feelings and emotions towards each other, Impossible to preserve or save marriage.

Court:Bombay High Court
Wife was suffering from schizophrenia. This material fact concealed hence Annulment.

Court:MADRAS HIGH COURT
Exact date and time of desertion and instances of cruelty not specifically pleaded by Wife in her petition. No ground for grant of divorce to Wife made out.

Court:Delhi High Court
Sexless marriage, Wife made false complaints to husband’s boss, hence Divorce on mental cruelty.

Court:SUPREME COURT OF INDIA
Behaviour of wife established that she deliberately stayed away from marital home and intentionally caused mental agony by putting husband and his family to go through criminal litigation .The decree of divorce granted by the High Court deserves to be affirmed singularly on the ground of mental cruelty.

Court:ANDHRA PRADESH HIGH COURT
Act of Writing letter to third party amounts to publishing and publication about impotency of husband creating mental agony and anguish to Husband, which is mental cruelty. Decree for divorce passed.

Court:Supreme Court of India
Staying together under the same roof is no pre-condition of mental cruelty. Spouse can cause mental cruelty by her conduct even while she is not staying under the same roof.

Court:PUNJAB AND HARYANA HIGH COURT
Wife misused her right and subjected Husband to mental cruelty. She backed out of compromise and after obtaining lump sum amount filed divorce petition. She also filed criminal cases against respondent and his family under Sections 406, 498A, IPC. Wife left no stone unturned to make life of Husband miserable. Trial Court rightly granted decree of divorce in favour of respondent-husband.

Court:PUNJAB AND HARYANA HIGH COURT
False allegations by wife of illicit relationship of Husband were made and she had refused to consummate the marriage with husband. Mental cruelty caused to husband. Wife also abandoned the marital relationship without any reason amounting to desertion.

Court:ORRISA HIGH COURT
Wife had been living in adultery. Evidence clearly indicative of illicit relationship of Wife.

Court:ANDHRA PRADESH HIGH COURT
Unsound Mind : Schizophrenia : Non-cooperative Attitude of Wife. Medical Examination Could Not be Completed. Trial Court wrongly shifted the burden on Husband. Marriage dissolved between parties.

Court:ALLAHABAD HIGH COURT
Conduct of wife cruel enough to give rise to suspicions of husband as to fidelity of wife.Differences between parties so deep rooted ruling out any possibility of reconciliation. Divorce granted as requested by Husband.

Court:PUNJAB AND HARYANA HIGH COURT
Wife is staying away from matrimonial house without any reasonable cause. She is not at all proved to be willing to resume cohabitation. Petition for divorce of Husband allowed.

Court:SUPREME COURT OF INDIA
Impounding of passport of Father in Law who has to return is cruelty. Passport to be returned on execution of bond.

Court:HIMACHAL PRADESH HIGH COURT
Both appellant wife and her adulterer found tied down by witnesses. Evidence of Wife regarding forcible extraction of some writing without letting its contents known to her preposterous. Dissolving the matrimonial bond between parties by a decree of divorce.

Court:PUNJAB & HARYANA HIGH COURT
Withdrawal of Wife from society of Husband without any reasonable cause. Decree under Section 9, Hindu Marriage Act passed against her. Any of the aggrieved party can apply for dissolution of marriage by decree of divorce.

Court:KARNATAKA HIGH COURT
Impleadment of adulterer as party : Though no relief claimed against adulterers, he is very much proper party. Absence of provision in Hindu Marriage (Karnataka) Rules, 1956 requiring alleged adulterer to be impleaded as co-respondent in proceedings. Recommendation of such provision into Karnataka made.

Court: GAUHATI HIGH COURT
Husband unable to prove he did not have marital intercourse with Wife during continuance of marriage. Burden of proof for legitimacy of child in on father.

Court: RAJASTHAN HIGH COURT
Settlement and Understanding Between Spouses to Amicably Live Together with Harmony: Permission to Compound Offence Granted.

Court: HIMACHAL PRADESH HIGH COURT
Pleadings should be specific, adultery and illegitimacy of child not proved.

Court:KERALA HIGH COURT
Allegations leveled by two sons of petitioner against their mother. No son would like to make such allegations against his own mother, particularly who is living with her. Husband successful in proving that his wife was living in adultery.

Court:Andhra High Court
Woman should be enticed or taken away for purpose of making her have illicit intercourse with another person. Petitioner Acquitted.

Court:ANDHRA PRADESH HIGH COURT
Wife Pregnant from another person, Husband is entitled to divorce.

Court: ALLAHABAD HIGH COURT
Husband tolerating Wife inspite of suspicion for more than two years amounts to condonation. No scope to revert back and utilise such bad conduct for termination of marital tie.

Court:Rajasthan High Court
Wife herself left Husband’s Home. False and wild allegations by Wife that Husband leading immoral life. Divorce granted to Husband on ground of desertion by wife.

Court: MADRAS HIGH COURT
Husband had no access to wife during time she could have begotten child and expert’s evidence excludes husband as father of disputed child.

Court:Punjab-Haryana High Court
Adultery Test — Circumstantial Evidence, Direct proof not available in all cases. Insistence — Denial of legitimate protection of martial rights. Circumstantial evidence — Normal test in proof of charge of adultery — Cogent, Consistent and reliable evidence — Sufficient to record finding of adultery — Uncorroborated inconsistent evidence will not prove adultery.

Court:Bombay High Court
Wife has a lover from prior to marriage and marriage was not consummated. Marriage Annulled.

Court: GUJARAT HIGH COURT
Wife left matrimonial home after cohabitation of only about 100 days. She was not prepared to face day-to-day stress of married life or bear unavoidable wear and tear of marriage. Trial Court has correctly found that wife had left her matrimonial house without any reasonable cause or excuse and refused to rescue cohabitation. Marriage is dead for all practical purposes.

Court:Supreme Court of India
Right to Residence after Divorce to be decided based on Divorce Terms.

Court:Patna High Court
Wife filed 498A and made various scandalous allegations, Divorce on cruelty.

Court:Bombay High Court
When one party has acted on the consent terms to it’s disadvantage, the other party having received the benefits cannot be allowed to backtrack.

Court:Delhi High Court
Audio recording with Transcript admissible as evidence in divorce proceedings.

Court:Supreme Court of India
Clear manifestations of wife suspecting husband’s fidelity, character and reputation. Constant nagging on various aspects certainly amounted to causing indelible mental agony and amount to cruelty. Divorce granted.

Court: MADHYA PRADESH HIGH COURT
Additional Evidence : Adultery : Proof Essential for Just and Final Decision of Dispute Between Parties : Parties desire to lead additional evidence after amending their petition and reply on all grounds taken for amendment. Permission granted to adduce oral and documentary evidence.

Court:SUPREME COURT OF INDIA
Non-appearance of respondent-Wife — Dissolution of marriage in terms of Agreement/MoU dated 30.12.2014 — Agreement/MoU bears signatures of Husband and Wife. Wife never denied her signature on Agreement/MoU nor its execution and nor its contents — Both parties pursuant to Agreement/MoU actually filed an application under Section 13-B of Act seeking dissolution of their marriage duly signed. Wife never stated before Family Court during cooling period of six months that she wants to wriggle out of application and does not wish to give her consent for mutual divorce — Respondent also did not appear in person before High Court and nor filed any affidavit except to say through her lawyer — Parties have been living separately for last four years due to which their marriage has become irretrievable and there is no point in keeping such marriage alive.

Court: SUPREME COURT OF INDIA
Waiver of statutory period of six months for Second motion — In conducting such proceedings Court can also use medium of video conferencing and also permit genuine representation of parties through close relations such as parents or siblings where parties are unable to appear in person for any just and valid reason as may satisfy Court, to advance the interest of Justice.

Court:SUPREME COURT OF INDIA
Refusal to participate in proceedings for divorce and forcing Husband to stay in a dead marriage would itself constitute mental cruelty. There is no likelihood of appellant and respondent living together and for all practical purposes there is irretrievable breakdown of marriage.

Court: GAUHATI HIGH COURT
Such a person against whom allegation of adultery is made to be impleaded as party.

Court: UTTARAKHAND HIGH COURT
Respondent wife suffering from border line personality disorder which had effect on attitude of wife pertaining to using abusive language and entering into physical assaults. Husband has proved cruelty by wife. Divorce rightly granted.

Court:RAJASTHAN HIGH COURT
Filing of false complaint under Section 498A, IPC by Wife is sufficient ground to constitute matrimonial cruelty

Court:HIMACHAL PRADESH HIGH COURT
Presumption as to abetment of suicide by married woman is cruelty. It has to be established that wife was subjected to cruelty as ingrained in Section 498A, IPC.

Court:ANDHRA PRADESH HIGH COURT
Threat to put life to an end, Removing of Mangalsutram from her neck, Beatings to the child, Frequent desertion of Husband amounts to cruelty.

Court:BOMBAY HIGH COURT
Day-to-day behaviour of wife made life of petitioner intolerable and he left his own matrimonial home to stay with his own relatives Husband not given properly cooked food. He was forced to wash his own clothes and two children tutored by Wife to turn against Husband. Irretrievable breakdown of marriage on account of cruelty inflicted by wife on husband. Husband had no conjugal relations with wife. Wife not filed written statement and was absent on all dates except one date. Marriage dissolved by decree of divorce.

Court:ALLAHABAD HIGH COURT
Intention to be cruel not essential element : In marital matters, feelings and attitudes of minds are material.

Court:MADHYA PRADESH HIGH COURT
Courts Hearing Petitions Regarding Conjugal Rights and Matrimonial Obligations Can Issue Injunctions and Preventive Orders and in Case Element of Property under Dispute, Court Can Exercise Power.

Court:MADRAS HIGH COURT
Husband suffered mental agony and pain. Entitled to divorce.

Court:HIMACHAL PRADESH HIGH COURT
False case registered against Husband and his family members only to settle personal scores. Attitude of appellant wife in leaving matrimonial home at her sweet will and pleasure and showing disrespectful attitude to husband and family members, without any justifiable cause is cruelty towards Husband. Parties living apart for 6-7 years, which is admitted and proved on record — Divorce granted.

Court: BOMBAY HIGH COURT
Family Court Right in Concluding that Husband made out Case for Divorce on Ground of Cruelty and he is Entitled to Decree of Divorce.

Court:PUNJAB & HARYANA HIGH COURT
Offensive language — Addressed the husband as “Fauji Gadha or Fauji Tatoo” — Would not be acceptable to any self-respecting husband — Cruelty made out.

Court:KARNATAKA HIGH COURT
Spouse, well educated, responsible, well natured in general sense, abusing the other spouse, physically and mentally, humiliating, using filthy language in front of family members, relatives and mistaking for unintentional deeds. This would amount to cruelty.

Court:MADHYA PRADESH HIGH COURT
Wife guilty of making false, baseless and dirty allegations against her husband concerning his character. Husband bound to suffer mental agony and embarrassment living jointly with his parents and family members : Wife living separately from last more than 12 years. No valid and sufficient reason of defendant of living separately from her husband : Circumstances sufficient to hold Wife guilty of matrimonial offence of mental cruelty. Husband deserves dissolution of marriage by decree of divorce.

Court:CALCUTTA HIGH COURT
Forceful entry in house of Husband by Wife with help of local people during pendency of divorce proceedings, amounts of cruelty.

Court: MADHYA PRADESH HIGH COURT
False prosecution of Husband and his family members. Appellant and his family members including female family members of appellant had to face agony of trial of criminal case for long 7 years. They had to suffer humiliation during this period and ultimately charges levelled against them could not be substantiated.

Court:BOMBAY HIGH COURT
False, frivolous and unsubstantiated allegations against husband of having illicit relations with his sisters — No contemporaneous evidence produced by wife to corroborate her version — It was clearly an attempt to sully reputation not only of respondent-husband but also of two sisters who were in profession of Medicine and Law respectively — That by itself is a good and germane ground to dissolve marriage between parties and to grant decree of divorce.

Court:MADHYA PRADESH HIGH COURT
Wife behaving cruelly with Husband and his family members and she left matrimonial house and living separately without any just and proper cause. She has deserted respondent for continuous period of not less than two years. Husband entitled to decree of divorce.

Court:SUPREME COURT OF INDIA
Husband Deprived of Normal Cohabitation and Suffered Social Embarrassment Due to Behaviour of Wife. Conduct of Wife in Approaching Police Complaining against Her Husband and His Parents and Taking False Plea that She Conceived But there was Miscarriage, Caused Sense of Mental Depression and amounts to Mental Cruelty to Husband.

Court:ORISSA HIGH COURT
Wife Voluntarily Deprived Her Husband of Her Society and Cohabitation for Years, Which Amounts to Mental Cruelty. Husband can definitely be said to be under strain of wilful separation for years and complete denial of conjugal relationship.

Court:PUNJAB & HARYANA HIGH COURT
Cruelty — To be determined on consideration of various factors i.e. social status, background, custom & tradition, etc. The Court should determine that relationship between the parties has deteriorated to such an extent that it is impossible to live together without mental agony — Need not be of such a character as to cause danger to life or health.

Court:KARNATAKA HIGH COURT
Conduct of Wife in prosecuting Husband while at same time seeking restitution of conjugal rights shows lack of self-control driving Wife to restrain from cohabitation. Wife persisently indulging in vicious allegations, unmindful of their impact. Husband cannot be found at fault with and his conduct cannot fall within expression “his own wrong”.

Court:RAJASTHAN HIGH COURT
Evidence Produced by Wife not Sufficient to Disprove Charge of Cruelty and Adultery Levelled against Her : She made Unsuccessful Attempt to Establish that her Husband had Illicit Relations and Wanted to Marry Another Lady. Husband Proved Successfully his Apprehension that it will be Harmful for him to Live with Wife because of her Conduct that Caused Disgrace to him.

Court:DELHI HIGH COURT
No strait jacket formula of what is cruelty. Single or even isolated acts of grave severity can constitute cruelty. However, on other hand whole body of evidence may not measure upto required standard to constitute cruelty.

Court: MADRAS HIGH COURT
Meaning of Cruelty — No specific set of facts which could be taken as one which would constitute cruelty — Gravity, intensity and seriousness of acts of parties should necessarily be considered.

Court:Supreme Court of India
Appellant was subjected to serious traumatic experience because of non-cooperation and hostile attitude of respondent, which can safely be termed as ‘cruelty’. Decree of dissolution of marriage granted.

Court:CALCUTTA HIGH COURT
Cruel behaviour of spouse although is a good defence against action of restitution of conjugal right, law does not permit wronged spouse inflicted with mental cruelty to commit cruelty against wrong doer in retaliation . If counter cruelty of different nature is proved, simply on basis of such counter cruelty, divorce can be granted.

Court:CHHATTISGARH HIGH COURT
Respondent wife consumed huge amount of sleeping pills in absence of appellant-husband, on account of which she had to be admitted in Hospital. This act of Wife amounted to cruelty to Husband. In addition to treating Husband and his parents with cruelty,Wife also interfered in his official work, which adversely affected his official position. Wife also lodged complaint under Section 498A, IPC without disclosing fact of being treated with cruelty by Husband and his parents in connection with dowry demand. This conduct of Wife also reflects her cruelty of extreme degree towards Husband.

Court:ANDHRA PRADESH HIGH COURT
Wife filed criminal case against husband and her in-laws, which was held not proved by Criminal Court and maintenance which has been granted. These two factors prove strong desire of wife to be disassociated with husband and matrimonial home as a whole. She had no real intention to lead happy marital life with husband. Specific case of appellant husband that he was subjected to “mental cruelty” Divorce granted to Husband.