Divorce Judgements

Court:Punjab-Haryana High Court
Appellant wife deserted respondent husband for continuous period of 2 years immediately preceding filing of petition, without any sufficient cause, with intention to put an end to matrimonial ties permanently — Husband was always ready and willing to rehabilitate wife, in the house as his wife, but she refused to live with him in his house as his wife — She deserted him with intention to put an end to matrimonial ties forever — Trial Court was right in holding that husband did not treat appellant wife with cruelty.

Court:CALCUTTA HIGH COURT
Lived together with husband for only 7 days, and was unable to justify cause for living apart. Desertion of embarrassing length proved.

Court:ANDHRA PRADESH HIGH COURT
Wife abandoned company of husband without reasonable cause and filed 498A and CrPC 125, Desertion Proved. Cruelty need not be proved to get decree of divorce if desertion is proved.

Court:Madhya Pradesh High Court
Conduct of wife amounting to cruelty though there is no danger of its repetition amounts to cruelty, divorce granted.

Court:Allahabad High Court
False and unnecessary complaints to superiors of husband in his office amounts to cruelty, divorce granted

Court:Delhi High Court
False and unnecessary complaints to Husband’s employer and other Authorities amounts to cruelty , divorce granted.

Court:Punjab-Haryana High Court
Wife Attempting to commit suicide amounts to cruelty, divorce granted.

Court:Karnataka High Court
Catching hold of husband’s collar amounts to cruelty, divorce granted.

Court:Supreme Court of India
Calling husband a mental patient amounts to cruelty, divorce granted.

Court:Madhya Pradesh High Court
Calling Husband lame and less qualified is cruelty, divorce granted.

Court:Delhi High Court
Calling Butcher, Bastard, Kafar, Streched creature, most mean fellow, Shameless creature to husband amounts to cruelty, divorce granted.

Court:Delhi High Court
Birth of illegitimate child , divorce granted

Court:Himachal Pradesh High Court
Beating up and threatening family of Husband amounts to cruelty-Divorce granted.

Court:Madhya Pradesh High Court
Beating husband and his family members amounts to cruelty, divorce granted.

Court:Madhya Pradesh High Court
Beating a child mercilessly which is in high fever , divorce granted.

Court:Delhi High Court Court
Showing an attitude of disregard to husband’s feelings and self respect amounts to cruelty, decree of judicial separation passed.

Court:Andhra High Court
Attempting to throw child on road.

Court:Punjab-Haryana High Court
Attempt to commit suicide by the wife amounts to cruelty, divorce granted.

Court:Rajasthan High Court
Atrocious allegations, actions and behaviour by wife.

Court: Delhi High Court
False allegation of extra marital relationship – Divorce granted to husband.

Court:Andhra High Court
False allegation by the wife that husband was a womaniser. Divorce granted to Husband.

Court:Orissa High Court
False allegation that the husband was a drunkard.

Court:Calcutta High Court
Wife asking Husband to get separated from parents and brothers is cruelty.

Court: Rajasthan High Court
False allegation that husband was impotent . Divorce granted.

Court: Andhra High Court
False allegation that husband was womaniser .

Court: Rajasthan High Court
Abusing Husband Time and Again is cruelty divorce granted.

Court: Karnataka High Court
Abusing Husband in public is cruelty, divorce granted.

Court: Madhya Pradesh High Court
Abusing Husband and his family members is cruelty divorce granted.

Court: Himachal Pradesh High Court
Abstaining from sexual relationship is cruelty, divorce granted.

Court: Punjab-Haryana High Court
Misrepresentation of Status of Divorce and Education is ground for Annulment

Court: Andhra High Court
Desertion proved- Absence of evidence that wife was beaten and thrown out of matrimonial home by respondent and his mother. Fact that she filed petition under 498-A,IPC and Section 125, Crpc indicated appellant decided to abandon matrimonial home permanently

Court: Supreme Court of India
Desertion- Held, the essential ingredients of, are (i) seperation in fact and (ii) animus deserendi, the intention of bringing cohabitation permanently to an end by the deserting spouse, and on behalf of deserted spouse the absence of consent and absence of conduct motivating the desertion – Burden on petitioner for divirce to prove these ingredients.

Court: Bombay High Court
Return of Stridhan,Alimony and Hidding past medical history. 

Court: Madras High Court
Claim alimony within 6 Months of Divorce

Court: Supreme Court of India
Stubborn attitude and inexplicably on respondent. Divorce granted

Court: Supreme Court of India
Defination of Mental Cruelty. In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behavior is sufficient by itself to cause mental cruelty.

Court: Supreme Court of India
Suicide Threats a Ground for Divorce e

Court: HIGH COURT OF DELHI
Divorce at 80 years after 16 years of case proceedings

Court: Punjab-Haryana High Court
It is well settled law, that filing of false criminal case against the spouse is an act of cruelty, on the basis of which the spouse suffering, is entitled to decree of divorce.

Court: Punjab-Haryana High Court
Threats & attempts to commit suicide & lodging false 498A is ground for divorce

Court: Madras High Court
Husband US citizen, wife invoking Jurisdiction u/s 19(iii)(a) of HMA to file Divoce in India

Court: HIGH COURT OF DELHI
Cruelty and Condonation defined, Husband granted divorce as wife not willing to give witness

Court: Supreme Court of India
IRBM turned down, infinitesimal chance for the marriage to survive.

Court: Bombay High Court
Wife gone back on Mutual Divorce, case dismissed with cost

Court: HIGH COURT OF UTTARAKHAND
Husband won the divorce on the grounds of Cruelty by wife, divroce granted with limited alimony

Court: Supreme Court of India
Normal Wear and Tear is not a valid ground for Divorce under Hindu Marriage Act

Court: HIGH COURT OF DELHI
Roping in relatives in false cases amounts to cruelty towards husband

Court: Supreme Court of India
Marriage between the parties is dead for all practical purposes and there is no chance of it being retrieved, the continuance of such marriage would itself amount to cruelty

Court: Madras High Court

Mental Cruelty, husband granted divorce by HC

Court: Madras High Court
Transfer application under 23(3) CPC

Court: Madras High Court
Audio CD evidence in matrimonial case

Court: Rajasthan High Court
Calling husband impotent, burning his PhD thesis, false allegations amount to cruelty

Court: HIGH COURT OF DELHI
IRBM explained, not granted

Court: HIGH COURT OF DELHI
Irretrievable breakdown of marriage u/s 13B HMA

Court: HIGH COURT OF DELHI
2 or 3 incidences sufficient for Divorce on ground of cruelty

Court: HIGH COURT OF UTTARAKHAND
Marriage Irretrievably broken down, husband granted divorce

Court: Madras High Court
Judicial Seperation granted on application of Divorce

Court: Supreme Court of India
Judicial Seperation is not a divorce, doesn’t snap matrimonial ties

Court: Bombay High Court
Cruelty defined, divorce decree reaffirmed by High Court

Court: Supreme Court of India
Advocate on Record is not only resposible for lending name but also for ensuring the conduct of case

Court: Bombay High Court
6 months waiver in Mutual Divorce u/s Section 13(B)(2) HMA

Court: Bombay High Court
Wife cannot use the husband’s name anywhere including in her bank account after Decree of divorce

Court: HIGH COURT OF DELHI
False complaint, family arrest -ground for Divorce

Court: Gujarat High Court
Need Proofs of Impotency of Husband to grant annulment u/s 12 HMA, other than ipse dixit allegations of wife

Court: Patna High Court
Arrest of Husband on a complaint of wife, reason for Irretrievable broken down marriage

Court: Punjab-Haryana High Court
Mental Cruelty defined, husband granted divorce 

Court: Supreme Court of India

If a spouse is not Hindu, marriage is invalid under HMA

Court: HIGH COURT OF DELHI
Considerations for granting  exemption from passage of one year before filing a petition for mutual divorce explained, Mutual Divorce granted

Court: HIGH COURT OF JUDICATURE AT BOMBAY

Repeated Suicide threats amounts mental cruelty, is valid divorce ground

Court: Supreme Court of India
Mental Cruelty Defined, termination of pregnancy, calling parents Ghosts is mental cruelty towards husband.

Court: HIGH COURT OF JUDICATURE AT BOMBAY
HMA not applicable on NRI domiciled in foreign state. Jurisdiction cannot be made out basis one night stay in Pune/India.

Court: SUPREME COURT OF INDIA
Conditions for validity of Foreign Divorce Decree (NRI). Decree on a ground unavailable under Indian Law is not enforceable in India

Court: HIGH COURT OF DELHI
Personal apperance dispensed, Mutual Divorce through Power of Attornery

Court: Punjab-Haryana High Court
6 Month waiting Period waiver in mutual divorce 

Court: HIGH COURT OF DELHI
6 Month waiting Period waiver in mutual divorce 

Court: ANDHRA HIGH COURT
Transfer petition decided in favor of husband

Court: HIGH COURT OF DELHI
Marriage between a Hindu and non-Hindu under HMA not vaild

Court: Supreme Court of IndiaI
Application for medical assessment of mental condition of wife allowed in a matrimonial dispute at insistance of husband

Court: HIGH COURT OF DELHI
6 Month waiting Period waiver in mutual divorce 

Court: HIGH COURT OF DELHI
1 Year Seperation before filling Section 13B and Waiver

Court: SUPREME COURT OF INDIA
Mutual Divorce filed, wife not willing to give divorce, husband fulfilled his part of the agreement, SC grants Mutual Divorce

Court: Allahabad High Court
Over 17 years of seperation, no chance of staying together, wife not willing to cohabit, husband granted divorce decree

Court: SUPREME COURT OF INDIA
No Divorce for own misdeeds

Court: Bombay High Court
Pleadings events subsequent to the law suit can be also taken into account as per family court act.

Court: HIGH COURT OF JUDICATURE AT BOMBAY
Wife wanted husband to procure a separate accommodation, beyond his means. Divorce granted on the grounds of Desertion and Cruelty.

Court: HIGH COURT OF JUDICATURE AT BOMBAY
Dissolution of the marriage on the ground of desertion and cruelty

Court: PUNJAB AND HARYANA HIGH COURT
False cases of 498A, 125 CrPC, amount to cruelty against Husband

Court: PUNJAB AND HARYANA HIGH COURT
Wife got the petitioner arrested in the proceedings under Section 107/151 Cr.P.C. caused mental cruelty to the husband. Husband entitled to divorce

Court: MADHYA PRADESH HIGH COURT
False case amount in cruelty leads to Divorce

Court: SUPREME COURT OF INDIA
Non-Consumation of marriage cannot be equated to Impotency u/s 12 of Hindu Marriage Act

Court: MADRAS HIGH COURT
Scientific test like DNA and RNA would bring a conclusive proof with regard to the paternity and maternity of the child

Court: MADRAS HIGH COURT
Divorce on Desertion and non-consumation of marriage. Impotency explained.

Court: MADRAS HIGH COURT
Divorce on Denial of Sex

Court: SUPREME COURT OF INDIA
False complaint, family arrest -ground for Divorce

Court: HIGH COURT OF PUNJAB AND HARYANA
6 Months waiver in divorce

Court: Mumbai High Court
Ex-parte divorce to husband on basis of acquital in 498A

Court: Madhya Pradesh High Court
Cruelty and Desertion grounds for Divorce

Court: SUPREME COURT OF INDIA
Cruelty in matrimonial life may be of unfounded variety, may be words, gestures or by mere silence, violent or non-violent

Court: Kerala High Court
Filling Many Cases Lead to Divorce

Court: ALLAHABAD HIGH COURT
The lodging of the false F.I.R. for offences under Sections 498A, 323, 506, I.P.C. maliciously amounts to the mental cruelty

Court: HIGH COURT OF DELHI
False complaint, family arrest -ground for Divorce

Court: Madhya Pradesh High Court
No DNA test condition can be imposed at the Interim Maintenance Stage

Court: Madhya Pradesh High Court
Filing False dowry cases against family and desertion amounts to cruelty

Court: HIGH COURT OF JUDICATURE AT BOMBAY
Cumulative effect of the behaviour and conduct of the wife is good enough to draw an inferece that respondent wife has caused utmost mental pain and suffering which constitute mental cruelty towards husband

Court: SUPREME COURT OF INDIA
Filing a False Criminal Complaint by Either Spouse Would Constitute Matrimonial Cruelty and Entitle the Other Spouse to Claim a Divorce

Court: SUPREME COURT OF INDIA
Transfer petition decided in favor of husband

Court: Punjab-Haryana High Court
Law Point: Spouses staying away from each other for 13 years after few months staying together

Court: Punjab-Haryana High Court
Law Point: Concealment of wife’s age and medical history

Court: Madhya Pradesh High Court
Law Point: Test of resonableness – Desertion, Conduct of Wife

Court: Punjab-Haryana High Court
Law Point: Misrepresentation in matrimonial advertisement

Court: Delhi High Court
Law Point: Concealment of facts, Annulment of Marriage