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Cruelty 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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  • 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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  • 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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  • 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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  • 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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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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).

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  • 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.

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  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • Arvind Kumar Prasad Vs. Geeta Prasad

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

    3
  • A. JAYACHANDRA Vs. ANEEL KAUR

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

    1
  • SUKHENDU DAS Vs. RITA MUKHERJEE

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

    0
  • RAMESHWAR PRASAD Vs. SUGNA DEVI

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

    0
  • STATE OF HIMACHAL PRADESH Vs. ASHWANI KUMAR & ORS.

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

    0
  • PARIMI MEHAR SESHU Vs. PARIMI NAGESWARA SASTRY

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

    0
  • JAIPRAKASH DATTATRAY PATADE Vs. USHA JAIPRAKASH PATADE

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

    1
  • MRS. NEELU KOHLI Vs. NAVEEN KOHLI

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

    0
  • AMARAVATHY Vs. R.A. PAKKIRINATHAN

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

    0
  • KAMLESH KUMARI Vs. VINOD KUMAR

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

    0
  • MRS. NILIMA KISHORE MHASKE Vs. KISHORE A. MHASKE

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

    1
  • MAHABIR SINGH Vs. NIRMALA DEVI

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

    0
  • SHAMA RAO D. Vs. DR. ANUPAMA

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

    1
  • KAMLAKANT JOSHI Vs. SANTOSHBAI PANDYA

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

    0
  • SUBHASH CHANDRA DAS CHOWDHURY Vs. SANDHYA DAS CHOWDHURY

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

    0
  • DINESH NAGDA Vs. SHANTIBAI DINESH NAGDA

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

    0
  • BHAVANA N. SHAH Vs. NITIN CHIMANLAL SHAH

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

    0
  • VANDHANA GUPTA Vs. RAJESH GUPTA

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

    2
  • PRAVEEN MEHTA Vs. INDERJIT MEHTA

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

    0
  • MRS. GAYATRI MISHRA Vs. PRAMOD KUMAR NANDA

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

    0
  • JATINDER SINGH Vs. ROOPLEEN KAUR

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

    0
  • D. PARTHASARATHY Vs. MRS. VINAYAPRABHA

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

    0
  • SMT. NIDHI DALELA Vs. DEEPAK DALELA

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

    0
  • MUKESH KUMAR Vs. CHANCHAL

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

    0
  • C.R. CHENTHILKUMAR Vs. K. SUTHA

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

    0
  • G.V.N. KAMESWARA RAO Vs. G. JABILLI

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

    0
  • ASIT BARAN BHATTACHARYA Vs. GOURI BHATTACHARYA

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

    0
  • AJAY PAL SINGH Vs. ROSY SINGH (DR.)

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

    0
  • GAJJALA SHANKAR Vs. ANURADHA

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

    0
  • SMT. ROOPA @ ROOPMATI Vs. VIJAY KUMAR

    Court:MADHYA PRADESH HIGH COURT
    Though condonation not pleaded as defence by Husband. It is the duty of Court to examine evidence of parties to find whether cruelty was condoned. Not proved that at any time during continuance of marriage, husband behaved with wife in such a way as to have condoned her acts of cruelty. Divorce granted.

    0
  • CAPT. DEEPAK KUMAR Vs. MANISHA

    Court:PUNJAB AND HARYANA HIGH COURT
    After departure Wife levelled such type of allegations which could not be Expected from Her which Amounts to Act of Cruelty

    0
  • REENA DEVI Vs. RAVINDER

    Court:DELHI HIGH COURT
    Wife did not behave rationally, making it impossible for husband to live with her. Wife even failed to prove her own allegation that she had been poisoned or husband was medically unfit.

    0
  • RAJ TALREJA Vs. KAVITA TALREJA

    Court:SUPREME COURT OF INDIA
    Proceedings launched against wife under Section 182 of IPC upon investigation by the police that not just the complaint was false but also injuries were self inflicted by wife. Marriage dissolved by a decree of divorce.

    1
  • ARCHANA Vs. HIMANSHU BAHL

    Court:DELHI HIGH COURT
    In matrimonial disputes, where hardly any documentary evidence surfaces, rival version have to be weighed in context of conduct of a reasonable person and/or if some documentary evidence viz. registered consumer of mobile number, etc.

    0
  • RENU YADAV Vs. ARUN SINGH YADAV

    Court:DELHI HIGH COURT
    Wife’s behaviour towards Husband and his family members was abusive, lacked respect, understanding, companionship and trust. The wife failed to substantiate her contention that respondent husband is living in adultery. Unsubstantiated allegations of adultery amounts to cruelty.

    0
  • SANJAY CHOUDHARY @ SANJAY JAISWAL Vs. ANJALI DEVI & ORS.

    Court:PATNA HIGH COURT
    Filing of false criminal complaint against husband and family members under Section 498A, IPC and other allied Sections of IPC, constitutes matrimonial cruelty. Marriage solemnized between parties dissolved on ground of cruelty.

    0
  • ARCHANA AGGARWAL Vs. SURESH JINDAL

    Court:DELHI HIGH COURT
    No justifiable reason on part of wife for not allowing mother of husband to live with family of husband. It is mental torture for husband in not permitting old aged widowed mother who was forced to live in village after death of her elder son with whom she was living earlier.

    2
  • DR. N.G. DASTANE Vs. MRS. S. DASTANE

    Court:SUPREME COURT OF INDIA
    The Supreme Court of India in this landmark judgment explains the term ‘Cruelty’ by Wife and Condonation.

    0
  • INDU BAI Vs. KOUTIK

    Court:MADHYA PRADESH HIGHCOURT
    Threat by Wife to commit suicide and nagging tendencies can tantamount to causing mental cruelty to the Husband.

    0
  • Geeta Yogesh Mehta Vs. Yogesh Jethalal Mehta

    Court:Bombay High Court
    Wife not giving sexual satisfaction to Husband. Husband entitled to get the decree of divorce in his favour on the ground of mental cruelty and desertion.

    0
  • Smt. Sona Vs. Karambir

    Court:Punjab-Haryana High Court
    Wife is not able to discharge her marital obligations. Evident that it has become impossible for the Husband to reside with the her. Divorce granted.

    0
  • Mrs. Abha Gupta Vs. Rakesh Kumar Gupta

    Court:Punjab-Haryana High Court
    Not allowing husband to consummate marriage inspite of his pursuation that it was an essential aspect of married life amounts to cruelty.

    0
  • Suman Ramchandra Shetye (Smt.) Vs. Ramchandra Sakharam Shetye

    Court:Bombay High Court
    Taunts, constant nagging, violence and insulting behaviour by Wife amounts to cruelty.

    0
  • Velayudhan Vs. Chandrika

    Court:KERALA HIGH COURT
    The act of living together or sharing bed with another man itself amounts to cruelty. Marriage dissolved.

    0
  • Rakesh Sharma Vs. Surbhi Sharma

    Court:Rajasthan High Court
    The Wife has deserted her Husband without any reasonable cause and without his consent and it amounts to cruelty.

    0
  • Rita Das Biswas Vs. Trilokesh Das Biswas

    Court:Gauhati High Court
    Leaving the nuptial home frequently after marriage and final departure within a period of one year from the date of marriage amoutns to cruelty. Divorce granted to Husband.

    0
  • Balbir Kaur Vs. Daljit Singh

    Court:Punjab-Haryana High Court
    Insisting to live separately from mother and sister of Husband without any valid reason is cruelty towards Husband. Divorce granted to Husband.

    0
  • Smt. Sulekha Bairagi Vs. Prof. Kamala Kanta Bairagi

    Court:Calcutta High Court
    Inciting some other person to give blow on husband’s head is cruelty.

    0
  • Smt. Nirmala Manohar Jagesha Vs. Manohar Shivram Jagesha

    Court:Bombay High Court
    Irresponsible, wild and baseless allegations of impotency of Husband amounts to cruelty. Divorce granted to husband.

    0
  • P. Natarajan Vs. Thamizhmani

    Court:Madras High Court
    Heaping insults upon Husband and his family amounts to cruelty.

    0
  • Rekha Rani Vs. Narinder Mohan

    Court:Punjab-Haryana High Court
    Giving Birth to illegitimate child is cruelty on the part of Wife towards Husband.

    0
  • Kalpana Srivastava Vs. Surendra Nath Srivastava

    Court:Allahabad High Court
    Getting rid of pregnancy without consent of Husband amounts to cruelty.

    2
  • Smt. Neelu Kohli Vs. Naveen Kohli

    Court:Allahabad High Court
    False, scandalous, malicious, baseless and unproved allegations by one spouse on other is cruelty.

    0
  • Pushpa Rani Vs. Krishan Lal

    Court:Delhi High Court
    False imputation of adultery is cruelty.

    0
  • Narendra Kumar Gupta Vs. Smt. Indu

    Court:Rajasthan High Court
    False FIR under section 498A IPC amounts to cruelty.

    0
  • Amaravathy Vs. R.A. Pakkirinathan

    Court:Madras High Court
    False complaint given to dowry cell amounts to cruelty

    0
  • Smt. Sadhana Srivastava Vs. Sri Arvind Kumar Srivastava

    Court:Allahabad High Court
    Wife had been in the habit of keeping the husband under mental torture either by teasing his parents or spreading frivolous stories in the family which amounted to cruelty.

    0
  • Paramjeet Vs. Ranjit Singh

    Court:Punjab-Haryana High Court
    False and frivolous allegations to superior officer about husband amounts to cruelty. Decree of divorce granted.

    0
  • Smt. Rajni Vs. Sanjay Kumar

    Court:Madhya Pradesh High Court
    The allegation of the wife that the husband was demanding dowry and asked her twice to bring the amount of Rs. 10,000/- on each occasion is false. On these findings the decree of divorce has been granted on the ground of cruelty.

    0
  • Hari Krishan Vs. Neelam Rani

    Court:Punjab-Haryana High Court
    Serious but false allegations were made by the wife against her husband, even stating that he had put kerosene oil on her. Marriage dissolved by a decree of divorce on the ground of cruelty.

    0
  • Smt. Vimla Ladkani Vs. Dr. Chandra Prakash Ladkani

    Court:Madhya Pradesh High Court
    False allegation about character of husband and family members amounts to mental cruelty.Divorce granted.

    0
  • Harpal Sharma Vs. Smt. Tripta Rani

    Court:Punjab-Haryana High Court
    False allegation that husband’s plea for her treatment was a tactic to get rid of her. No cogent/reliable evidence.
    Amounts to mental cruelty.

    0
  • URMILA DEVI AND OTHERS Vs. RAVI PRAKASH

    Court:DELHI HIGH COURT
    Husband’s petition for divorce on ground of wife’s cruelty. Allegations made by wife in her maintenance application u/s. 125 Cr.P.C. in her notice and written statement to divorce proceedings that husband is a drunkard, gambler and womanizer. Allegations based on hearsay and Unfounded and false to the knowledge of wife and amount to crulety, decree of divorce confirmed.

    0
  • BALRAM SINGH Vs. SUKHWANT KAUR

    Court:PUNJAB AND HARYANA HIGH COURT
    False Allegation by wife that Husband contracted second marriage during subsistance of first marriage with her. Such allegations against her husband constitute mental cruelty on her part.

    0
  • Ashok Kumar Vs. Smt. Vijay Laxmi

    Court:DELHI HIGH COURT
    Making Grave but False allegation by Wife of attempt to burn her by Husband is Cruelty.

    0
  • Nemai Kumar Ghosh Vs. Sm. Mita Ghosh

    Court:Calcutta High Court
    Wife Doubting that husband was in illicit connection with his own sister-in-law amounts to cruelty.

    0
  • PRAVEEN MEHTA Vs. INDERJIT MEHTA

    Court:SUPREME COURT OF INDIA
    Denial of sexual intercourse amounts to cruelty.

    1
  • Smt. Pranati Chatterjee Vs. Shri Goutam Chatterjee

    Court:Calcutta High Court
    There was no just reason for depriving the Husband of the Company of the wife and that itself is an instance of mental cruelty.

    0
  • UMA WANTI Vs. ARJAN DEV

    Court:PUNJAB & HARYANA HIGH COURT
    Day-to-day behaviour of Wife disturbed mental peace and harmony of Husband — Amounting to legal cruelty — Wife may not be of unsound mind, but her peculiar ways of behaviour proved by respondent sufficient to constitute legal cruelty.

    0
  • JHABAR MAL Vs. GUDDI @ KAMLA

    Court:RAJASTHAN HIGH COURT
    Conviction of Wife for Murdering Her Mother-in-law, does Amount to Cruelty on Husband : Even if Wife is Acquitted, it shall not be Humanly Possible for Husband to Stay or Cohabitate Once Again with Respondent-wife and to Accept her as his Wife.

    0
  • Chuni Lal Gulati Vs. Krishana Rani

    Court:Punjab-Haryana High Court
    Constantly insulting Husband in presence of friends amounts to cruelty.

    0
  • A.S. PAINTAL Vs. IRIS PAINTAL

    Court:DELHI HIGH COURT
    In different attitude of respondent towards the appellant’s relatives( brother, mother,father etc.) this conduct of respondent amounted to cruelty against husband.

    0
  • UMA BASSI Vs. ANIL KUMAR BASSI

    Court:DELHI HIGH COURT
    Wife alleging husband of an incestuous relationship with his cousin sister amounts to cruelty .

    0