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Divorce Judgements

  • Seema Vs. Rajesh Dua

    Court:Madhya Pradesh High Court

    Cruelty by wife. Grant of divorce. Husband proved that wife was indulging in indecent manner with her Jija. Her behaviour towards husband and his family members was cruelsome. She also used to threaten his family members and husband to lodge false report against them and sending them to jail. Husband cannot be reasonably expected to live with wife. Judgment and decree passed by Trial Court affirmed.

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  • Anurag Bajpai Vs. Indira Bajpai

    Court: Allahabad High Court

    Cruelty. Desertion. Permanent alimony. Marriage completely broken down. Parties living separately for past 13 years out of 21 years of marriage. It would be inflicting further cruelty upon both parties to force them to stay together. Threats extended by defendant for committing suicide would amount to mental cruelty. It would be extremely difficult for any spouse or its family members to live in constant threat of suicide. Filing of false cases falls within the ambit of cruelty. Matrimonial bond has ruptured beyond repair because of mental cruelty caused by defendant. By her act of leaving the house of plaintiff without there being any apparent reason, would also amount to desertion particularly in view of fact that since 2000 till date she is living separately. In interest of justice defendant is allowed permanent one time alimony of Rs. 3 lacs to be given by appellant in favour of defendant-OP. Marriage between parties stands dissolved.

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  • Subhash @ Prakash Vs. Priyanka Subhash Dewangan

    Court:Chhattisgarh High Court

    Cruelty & Desertion. Improper Inquiry. Family Court has only taken for determination ground of desertion and ground of cruelty not taken by Family Court. No opportunity granted to appellant-husband to cross-examine 3 witnesses of respondent-wife who has filed their affidavits in support of pleadings of respondent. Proper inquiry not conducted by Family Court to settle dispute between parties — Impugned judgment passed without considering all grounds raised by parties. Impugned judgment and decree passed by Family Court set aside.

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  • U. Sree Vs. U. Srinivas

      Court:Supreme Court Bench: JUSTICE K.S. Radhakrishnan & Dipak Misra U. Sree Vs. U.Srinivas On 11 December 2012 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty by wife — Permanent alimony of Rs. 5 lakh awarded by Family Judge — Husband clearly deposed about constant and consistent ill-treatment meted out to him by wife —

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  • Chetankumar Amratlal Naik Vs. Geetaben Kantilal Naik

    Court:Gujarat High Court

    Parties got married in 1997 and stayed together for approximately 6 months . Thereafter they had been living separately. No chance of reconciliation and no justification of passing a decree for judicial separation instead of divorce available to husband under law. Decree of judicial separation passed by Family Court converted into one of divorce, subject to payment of permanent alimony @ Rs. 3 lacs to wife.

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  • Ranbir Singh Vs. Balbir Kaur

    Court:Punjab And Haryana High Court

    Wife Living apart & depriving husband of co-habitation is an act of cruelty. No reasonable ground given by wife for living separately. Sudden rudeness in behaviour of husband not obvious. Wife deserted husband without plausible excuse. Failed to adduce cogent evidence of alleged beating by husband. Rather admitted that she was left at her parental home by her husband. Joint living impossible. Considering evidence on record, status, educational qualifications & public opinion , Held, it would be proper to grant decree for judicial separation & not divorce.

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  • Avtar Singh Vs. Balbir Kaur

    Court:Delhi High Court

    Husband filed petition for divorce pleading cruelty and desertion since June, 1981 for a continuous period of three years. Trial court dismissed the petition on the ground that mere leaving by the wife of the matrimonial home did not prove desertion. Appeal against the judgment of trial court , Whether the respondent wife was guilty of desertion and cruelty — Yes.

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  • Radheshyam Sharma Vs. Kusum Sharma

    Court:Madhya Pradesh High Court

    Husband’s petition for divorce on ground of wife’s cruelty and desertion dismissed by Trial Court. Wife lived for 5 days with husband did not allow sexual intercourse. Thereafter left the matrimonial home and did not return despite efforts. Wife absent. Ex-parte evidence of husband. No rebuttal on record.

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  • Godambari Devi Vs. Devi Prasad & Ors.

    Court:Uttarakhand High Court

    Appeal  against grant of decree of divorce. Wife treated husband with cruelty and deserted him in May 1996 without any sufficient cause. Wife has no means to maintain herself while her husband is in Government job working as pharmacist. Decree of divorce confirmed subject to one time lumpsum alimony amounting to Rs. 5 lacs to wife.

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  • Rajna Choudhary Vs. Raghubir Singh

    Court:Himachal Pradesh High Court

    Wife alleged that husband was having illicit relations with his brother’s wife, which proved to be false. This allegation amounted to mental cruelty. Wife also alleged that husband got remarried but did not give particulars of lady whom he allegedly remarried. Another act of cruelty alleged by husband is that wife did not allow him sexual access. This conduct of wife amounts to mental cruelty on her part. Wife left matrimonial house on her own and not living with respondent since 1997. Wife refused to go with husband when he went to get wife back to the matrimonial house.

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  • Sujata Uday Patil Vs. Uday Madhukar Patil

    Court:Supreme Court of India

    Matrimonial disputes to be decided by Courts in pragmatic manner keeping in view ground realities — Most important factor is whether marriage can be saved and husband and wife can live together happily and maintain proper atmosphere at home for upbringing of their offsprings.

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  • Sunil Vs. Sakshi @ Shweta & Anr

    Court: Punjab and Haryana High Court
    Dissolution of Marriage — Decree of divorce not obtained by playing fraud on Family Court by husband — High Court giving reference to plaint and written statement presumed that wife never appeared before Family Court — High Court failed to notice order dated 17.9.2012 which made it clear that wife was present in the Court and one Advocate filed Vakalatnama for wife with permission — Only after hearing both the parties ex parte order set aside against wife

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  • Sarada Vs. V. Satyamurthy

    Court: Madras High Court
    When cruelty desertion alleged by wife NOT true, wife not caring, living away, she canNOT take advantage of own wrong Wife DENIED divorce.

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  • Usharani Pradhan Vs. Brajakishore Pradhan

    Orissa High Court
    Conduct of wife in leaving company of her husband and their small children and living separately since 2007 for pursuing her political ambition — Clearly indicates she deserted respondent without reasonable cause and his consent and against his wish.

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  • Gajendra Vs. Smt. Madhu Mati

    Madhya Pradesh High Court
    Forcing husband as Ghar Jamaee, deserting him on refusal, not attending to his ailments CRUELTY. Divorce decreed.

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  • Gurjinder Kaur Vs. Pritpal Singh & Anr.

    Punjab And Haryana High Court
    Protection of Women from Domestic Violence Act, 2005 — Criminal Procedure Code, 1973 — Section 125 — Cruelty — Illicit relationship — Defence version improbable — Appellant-wife subjected respondent No. 1-husband to cruelty by maintaining illicit relations with respondent No. 2

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  • Lata Verma Vs. Jayant Verma

    Delhi High Court
    Sections 13(1)(ia), 28 — Cruelty — Dissolution of marriage by decree of divorce under Section 13(1)(ia) of Act justified. Wife not able to establish her case — No infirmity or illegality in impugned judgment passed by Trial Court.

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  • Tomy Joseph Vs Smitha Tomy

    Kerala High Court
    Divorce by Mutual Consent – Beneficiaries under given provisions of different statutes are persons who want divorce by mutual consent and file joint petition for relief — There can be no discrimination among them on ground of religion — Divorce by mutual consent is secular concept — Parties living separately for more than two years — Order passed by Family Court cannot be sustained in law — Directions.

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  • Swapnil Kolhe & Ors Vs Kirti Kolhe

    Madhya Pradesh High Court
    Sections 498A, 34, 506 — Domestic Violence — Cruelty — Common Intention — Quashing of proceedings — No limitation prescribed for filing application except reasonable time — Similar allegations in complaint under Section 12 of Domestic Violence Act as in FIR lodged under IPC — Fit case for quashing of complaint — No finding can be arrived insofar as contention regarding no domestic relationship between wife and husband is concerned.

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  • Rani Bai @ Shakuntla Verma Vs Chandrashekhar Verma

    Chhattisgarh High Court
    Mental Cruelty, Desertion — Proof of — Appellant wife deserted her husband without any proper and sufficient reason — Cruelty on her part towards respondent is made out — Appellant refused to live with respondent’s mother and two sisters.

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  • A.P. Ranga Rao Vs Vijayalakshmi

    Madras High Court
    Section 13(1)(ia) — Cruelty Meaning of — Several attempts by wife to commit suicide — Acts or ‘conduct of the party charged must be cruel according to the ordinary sense of the word — Intention to cause such cruelty not a necessary element — Whether the party who was charged himself is responsible for that ? (No).

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  • Vinod Kumar Subbiah Vs Saraswathi Palaniappan

    Supreme Court Of India
    Mental Cruelty — Desertion — Husband had duly pleaded instances of mental cruelty which he proved in evidence and documents — Various allegations of cruelty were made out and a number of incidents were mentioned in a divorce petition .

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  • Sarada Vs V. Satyamurthi

    Madras High Court
    This is the sad case of a 56 year old woman and 58 year old male fighting in courts. The lady is seeking divorce and alleging that her husband has been cruel and has deserted her. The lower court dismisses her case. The matter moves to HC. The HC appreciates the arguments and states

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  • Lalit Kumar Mehta Vs Sanjeeta

    Rajasthan High Court
    Section 13(1)(ia) — Mental Cruelty — Appreciation of evidence — Marriage never took off — Rash actions of respondent wife under trivial matters — Since childhood respondent-wife was obstinate

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  • Sushma Vs Satish Chander

    Delhi High Court
    Sections 13 and 25 – Husband’s petition for divorce dismissed. Whether wife entitled to permanent alimony thereafter?

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  • Sandhya Kumari Vs Manish Kumar

    Delhi High Court
    Cruelty — Allegations and counter allegations concerning abortion, dowry demand. Irretrievable breakdown of marriage — Marriage dissolved by decree of divorce.

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  • Saritha Vs R. Ramachandra

    Andhra Pradesh High Court
    Abuse of Beneficial Provision by Woman Implicating Husband and Their Family Members : It is for Law Commission and Parliament either to Continue that Provision in same Form or to make Offence Non-cognizable one and Bailable one so that Ill-educated Women of this Country and their Parents do not Misuse said Provision.

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  • Gurjit Singh Sandhu Vs Rupinder Kaur

    Punjab And Haryana High Court
    Divorce — Ground — Cruelty — Appeal by husband against order of trial Court declining relief of divorce — Wife left matrimonial borne and two minor children — Perusal of material on record — Established—Attempts made by husband by taking Panchayat proved a futile exercise

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  • Bhagwant Kishore Vs. Sheela Devi

    Punjab And Haryana High Court
    Section 13 (1)(ia), (ib) — Cruelty — Desertion, Petition for divorce by appellant pleading desertion and cruelty. Appeal by wife — Decree again set aside — Case remanded — Appellant allowed to amend petition to plead specifically instances of cruelty — Petition dismissed — Appeal by husband — Whether the amendment when allowed relates back to the date of petition

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  • Subhash Vs Laxmibai

    Madhya Pradesh High Court
    Under Section 13(1)(ia) — Divorce petition of husband on account of wife’s mental cruelty and desertion — Wife not allowing cohabitation. Wife threatened to commit suicide by pouring kerosene on herself on two occasions

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  • State Of Orissa Vs Niranjan Mohapatra & Ors

    Supreme Court of India
    Under Section 304B, no evidence to suggest soon before occurrence deceased subjected to torture and harassment : Conviction under Section 304B unsustainable in absence of such evidence.

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  • Harbhajan Singh Monga Vs Amarjeet Kaur

    Court:Madhya Pradesh High Court
    Hindu Marriage Act, 1955 — Section 13 — Cruelty — Married Feb., 1979 lived together upto September 1979, respondent left for her parents house and rejoined appellant in July

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  • Mahendra Kumar Sharma Vs Sunita Sharma

    Court:Delhi High Court
    Mental Cruelty — Grant of divorce — Reckless allegations against appellant husband of having extra-marital affairs with lady living in same locality.

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  • Prem Lata Vs. Murari Lal

    Under Section498A & 506, Wife’s conditions are very exhaustive. Evident that she has treated husband with cruelty. No error committed by Trial Court in decreeing respondent’s petition for divorce.

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  • M.k. Malhotra Vs. Kirti Malhotra

    Court:DELHI HIGH COURT
    Husband suffered mental cruelty during the period the complaint of the Wife against the Husband was being investigated and enquired into by the Govt. The Wife made accusation and imputation during the trial against the Husband and this caused more pain and misery than the physical beating. It appears to me that the Husband cannot be reasonably expected to live with the Wife and cohabitation between them is virtually impossible.

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  • Rajinder Singh Joon Vs. Smt. Tara Wati

    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.

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  • Badri Narayan Vs. Savitri

    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.

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  • Mohanan Vs. Thankamani

    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.

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  • Ramesh Laxman Sonawane Vs. Meenaxi Ramesh Sonawane

    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.

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  • Shashi Kumar Vs. Neelam

    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.

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  • Mr. M. Vs. Mrs. M

    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.

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  • Mangesh Balkrushna Bhoir Vs. Leena Mangesh Bhoir

    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.

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  • Suresh Gurjar Vs. Usha Gurjar

    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.

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  • Sushila Agrawal Vs. Ramesh Chandra Agrawal

    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.

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  • Usha Vs. Vimal Kumar

    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.

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  • Rajni Vs. Shantilal

    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).

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  • Darshna Kumari Alias Worsely Vs. Inder Kumar Arora

    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.

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  • Manorma Vs. Karan Singh

    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.

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  • S. Indrakumari Vs. S. Subbaiah

    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.

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  • Shantaram Tukaram Sarfare Vs. Sandhya Shantaram Sarfare

    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.

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  • Smt. Kakali Das Vs. Dr. Asish Kumar Das

    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.

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  • Neelima Vs. Dhiraj Singh

    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.

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  • Vijay Vathvi Vs. Chhaya Vathvi

    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.

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  • Sanjeev Kumar Singh Vs. Poonam Singh

    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.

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  • G. Kesavan Vs. P. Visalakshi

    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.

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  • Soma Ramchandram Vs. Soma Anitha & Anr.

    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.

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  • Prasanta Kumar Mishra Vs. Suryamani Mishra

    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.

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  • Sujoy Ghosh Dastidar Vs. Dayita Ghosh Dastidar

    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.

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  • Manju Kumari Singh @ Smt. Manju Singh Vs. Avinash Kumar Singh

    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.

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  • Hemant Kumar Patel Vs. Uma Patel @ Toshika Patel

    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.

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  • Daya Wati Vs. Raj Singh

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

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  • Rani Vs. Amar Nath

    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.

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  • Shashi Lata Sharma Vs. Chetan Sarup

    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.

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  • Sanyogta Verma Vs. Vinod Verma

    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.

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  • Kashmir Kaur Vs. Prem Singh

    Court: 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.

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  • Vidhya Viswanathan Vs. Kartik Balakrishnan

    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.

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  • Anupama Pandey Vs. Ashutosh Pandey

    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.

    1
  • Uma Soni Vs. Suresh Soni

    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.

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  • Darshana Devi Vs. Anil Kumar Saini

    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.

    2
  • Vimla Bai Vs. Panchu Lal

    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.

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  • Vimla Devi Vs. Ram Babu

    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.

    2
  • Smt. Parvati Vs. Prem Singh

    Court: Smt. Parvati Vs. Prem Singh
    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.

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  • Smt. Rukmani Devi Vs. Badri Narayan

    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.

    1
  • Amarjit Kaur Vs. Chain Singh

    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.

    1
  • Lajwanti Chandhok Vs. O.N. Chandhok

    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.

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  • Pawna Devi Vs. Chuni Lal

    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.

    0
  • D. Manga @ Mangamma Vs. D. Venkata Ramana

    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.

    1
  • Krishna Sarbadhikary Vs. Alok Ranjan Sarbadhikaryalok

    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.

    0
  • Krishna Rani Vs. Chuni Lal Gulati

    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.

    1
  • Smt. Chandan Agarwal Vs. Mukesh Kumar Agarwal

    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.

    0
  • Savitri Balchandani Vs. Mulchand Balchandani

    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).

    2
  • Kamini Gupta Vs. Mukesh Kumar Gupta

    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.

    0
  • Urmila Devi Vs. Devinder Kumar Parcha

    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.

    0
  • Monika Hom Roy Vs. Smaran Roy

    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.

    1
  • Meenakshi Mehta Vs. Major Atul Mehta

    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.

    0
  • Smt. S. Vijayalakshmi Vs. S. Bheem Reddy

    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.

    1
  • Alka Vs. Dr. R.k. Gautam

    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.

    3
  • Pushpa Rajai Vs. Jai Prakash Lalwani

    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.

    0
  • Smt. Bichitra Bharali Kalita Vs. Dipak Chandra Kalita

    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.

    0
  • Archana Sharma Vs. Mukesh Kumar Sharma

    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.

    2
  • Rita Dey (saha) Vs. Ashit Kumar Saha

    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.

    0
  • Pushpa Datt Mishra vs. Smt. Archana Mishra alias Premvati Choubey

    Court: Madhya Pradesh High Court
    Reckless allegation of wife in her pleadings and in her testimony before Court alleging adultery against husband furnishes a ground to grant a decree of divorce in favour of husband on ground of cruelty.

    0
  • Anandi Devi Vs. Komal Kumar

    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.

    0
  • Mrs. Anil Singh vs Dr. Narender Singh

    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.

    0
  • LALIT SINGH Vs. RAJ KUMARI

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

    1
  • Vivek Vs. Minal

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

    0
  • Mamta Bhardwaj Vs. Madhusudan Bhardwaj

    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.

    0
  • AS Vs. SNS

    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.

    5
  • Om Prakash Poddar Vs. Rina Kumari

    Court: Delhi High Court
    Respondent/wife did not care to cause the 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.

    0
  • Sawaranjit Kaur Vs. Lt. Col. Avtar Singh & Ors.

    Court: Punjab and High Court
    Void Marriage — Wife contracted second marriage when first husband very much alive — Such a marriage patently illegal and is null and void.

    1
  • Vinay Jude Dias Vs. Renajeet Kaur

    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.

    1
  • Sadhana Srivastava Vs. Arvind Kumar Srivastava

    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.

    1
  • SA Vs. AA

    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.

    0
  • Shashi Bala Vs. Rajiv Arora

    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.

    2
  • Pradeep Kumar Juyal Vs. Kanti Devi

    Court: Uttarakhand High Court
    Divorce, Cruelty, Desertion — Husband and wife not living together — Testimony of husband reliable — Wife told him not to come back, so that she may have pension — Trial Court committed error of law in rejecting evidence of P.W.1 merely on ground that physically husband is stronger than wife — Testimony made by daughter aged 2 years in favour of her mother cannot be believed — Infant child could not have remembered instances during infancy — Cruelty committed by wife fully proved on record — Impugned judgment set aside — Divorce granted on ground of cruelty.

    0
  • Triveni Singh Vs. State Of U.p. & Ors.

    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.

    0
  • Geeta Pandey Vs. Shekhar Pandey

    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.

    1
  • Indu Mishra Vs. Kovid Kumar Gaur & Anr.

    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.

    1
  • Nirmala Vs. Manoj Kumar

    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.

    2
  • Rita Bandopadhyay Vs. Abhik Bandopadhyay

    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.

    0
  • Madhu Kuksal Vs. Anup Kuksal

    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.

    1
  • Manisha Sandeep Gade Vs. Sandeep Vinayak Gade

    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.

    2
  • Christine Lazarus Menezes Vs. Lazarus Peter Menezes

    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.

    0
  • Smt. Sunita Singh Vs. Raj Bahadur Singh & Anr.

    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.

    4
  • Narendra Vs. K. Meena

    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.

    0
  • Narendra Kumar Gupta Vs. Mrs. Mamta Gupta

    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.

    0
  • Jagwati Vs. Gajender Kumar

    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.

    0
  • Harkanwalpreet Singh Vs. Harshpreet Kaur

    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.

    0
  • Jaideep Shah Vs. Rashmi Shah

    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.

    0
  • Rajender Kumar Vs. Nandini & Anr.

    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.

    0
  • Satyawan Vs. Rekha

    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.

    0
  • Jagraj Singh Vs. Birpal Kaur

    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.

    1
  • Praveena Tank Vs. Arvind Kumar Tank

    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.

    0
  • Santosh Vs. Hori Lal

    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.

    0
  • Sanghamitra Ghosh Vs. Kajal Kumar Ghosh

    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.

    0
  • S. Mahender Vs. Shalini

    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.

    0
  • Nishi Vs. Jagdish Ram

    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.

    0
  • Sheelu Vs. Amar Singh & Anr.

    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.

    0
  • MANOJ KUMAR Vs. PINKI RANI

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

    0
  • SARABJIT SINGH Vs. GURPAL KAUR

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

    0
  • SHARMISHTHA Vs. SUJOY MITRA

    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 .

    0
  • RISHIKESH SHARMA Vs. SAROJ SHARMA

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

    0
  • Kalapatapu Lakshmi Bharati Vs. Sai Kumar

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

    0
  • GRACY Vs. CLEETUS

    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.

    2
  • Aarti Manchanda Vs. Chander Shekhar Manchanda

    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.

    4
  • Ranjana Rani Panda and Ors. Vs. Sanjay Kumar Panda

    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.

    0
  • KOLA EMMANUEL Vs. NALLIPOGU SUNANDA

    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.

    0
  • Shikha Vs. Jasvinder Singh & Anr.

    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.

    0
  • Suman Kaushik Vs. N.P. Kaushik

    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.

    0
  • SHARDA Vs. DHARMPAL

    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.

    0
  • Pushpa Devi Vs. Om Parkash

    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.

    4
  • Smt. Sulekha Vs. Ashok Kumar

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

    5
  • K. VEMBADURAI Vs. PADMAVATHY

    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.

    0
  • KEWAL KUMAR Vs. PAWNA DEVI

    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.

    1
  • Prafulla Kumar Tongya Vs. Smt. Sarla

    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.

    0
  • RAMA KANTA Vs. MOHINDER LAXMIDAS BHANDULA

    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).

    0
  • PRAMOD BIJALWAN Vs. SATENDRA DUTT

    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.

    0
  • Smt. Kavita Vs. Shri Rakesh Raman

    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.

    0
  • PAUL TUSHAR BISWAS Vs. ADDL. DIST. JUDGE, EAST KHASI HILLS DISTRICT & ANR.

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

    0
  • R. LAKSHMI NARAYAN Vs. SANTHI

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

    1
  • PINKI JAIN Vs. SANJAY JAIN

    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.

    3
  • Vikas Aggarwal Vs. Anubha

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

    2
  • KAILASH JUNEJA Vs. PREETI JUNEJA

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

    0
  • ARTI PANDEY Vs. VISHNU KANT TIWARI

    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.

    1
  • SHIV INDERSEN MIRCHANDANI & ORS. Vs. NATASHA HARISH ADVANI & ORS.

    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.

    1
  • SMT. KAMALSHRI @ PRIYA JAIN Vs. PRAMOD KUMAR

    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.

    1
  • MIRAPALA VENKATARAMANA Vs. MIRAPALA PEDDIRAJU

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

    0
  • SHANKAR CHAKRAVARTY Vs. PUSPITA CHAKRAVARTY

    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.

    1
  • SMT. SURBHI AGRAWAL Vs. SANJAY AGRAWAL

    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.

    1
  • ANITA DEVI Vs. PRADYUMAN PRASAD YADAV

    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.

    0
  • NEELAM BISHT Vs. NARENDRA SINGH BISHT

    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.

    0
  • SUDHANSHU MAULI TRIPATHI Vs. MEENA KUMARI & ANR.

    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.

    0
  • C. MEENA Vs. C. SURESH KUMAR

    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.

    0
  • KIRAN BALA ASTHANA AND ANOTHER Vs. BHAIRO PRASAD SRIVASTAVA

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

    0
  • VARDHI Vs. NARAYAN LAL & ORS.

    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.

    0
  • Ranjit Singh Vs. Surinder Kaur

    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.

    1
  • Vishwanat Vs. Sau. Sarla Vishwanath Agrawal

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

    0
  • JUSTYN CYRIL Vs. HANNAH VASANTHIE

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

    0
  • SAMAR GHOSH Vs. JAYA GHOSH

    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.

    3
  • Vandana J. Kasliwal Vs. Jitendra N. Kasliwal

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

    2
  • H. SUDHA Vs. T.V. RAMESH

    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.

    0
  • Kamini Sondhi Vs. Kapil Sondhi

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

    0
  • MALATHI RAVI (Dr.) Vs. DR. B.V. RAVI

    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.

    6
  • G. PADMINI Vs. G. SIVANANDA BABU

    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.

    1
  • K. Srinivas Rao Vs. D.A. Deepa

    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.

    0
  • KAWALJEET KAUR Vs. PARAMPAL SINGH

    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.

    0
  • Suman Vs. Gajender

    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.

    0
  • Banchhanidhi Das Vs. Kamala Devi and Anr.

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

    1
  • T. HARI KUMAR NAIDU Vs. PRAMEELA

    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.

    1
  • VINOD KUMAR RAI Vs. MANJU RAI & ANR.

    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.

    0
  • ROMESH SHARMA Vs. PREM KUMAR SHARMA

    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.

    0
  • GIAN SINGH Vs. STATE OF RAJASTHAN

    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.

    0
  • RITA DEVI Vs. KARAM CHAND BALIA & ANR.

    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.

    0
  • BEDO Vs. RAJINDER SINGH

    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.

    0
  • ARUN KUMAR AGARWAL Vs. RADHA ARUN & ANR.

    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.

    0
  • AMRITA DAS Vs. MUKUL DAS

    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.

    0
  • RAMESHWAR @ PAPPU & ORS. Vs. STATE OF RAJASTHAN & ORS.

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

    1
  • PARTAP Vs. VEENA

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

    0
  • RASHMI Vs. VIJAY SINGH NEGI & ANR.

    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.

    0
  • Singana Naga Nooka Chakrarao Vs. State Of A.P.

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

    0
  • PATTA DHANALAKSHMI Vs. PATTA RAMACHANDRA RAO

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

    0
  • CHANDRAWATI Vs. KAILASH NATH

    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.

    0
  • Smt. Leela Devi Vs. Suresh Kumar

    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.

    2
  • JYOTHI AMMAL & ANR. Vs. K. ANJAN

    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.

    0
  • Manjit Kaur vs Santokh Singh And Ors.

    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.

    0
  • Chhandupriya @ Priyanka Vs. Rahul Mohod

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

    1
  • SAPNA RAMESHCHANDRA TRIVEDI Vs. DARSHAN JANAKBHAI JOSHI

    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.

    1
  • B.P. Achala Anand Vs. S. Appi Reddy & Anr

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

    3
  • Arvind Kumar Prasad Vs. Geeta Prasad

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

    3
  • Arun Atmaram Patil & Ors Vs. Sandhya Arun Patil

    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.

    1