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Divorce Judgements

  • 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.

    0
  • 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
  • Anju @ Ajay vs Yogesh Bansal

    Court: Delhi High Court
    Cruelty held proved is denial of conjugal bliss by Wife to Husband for about 2 months. Marriage Annulled.

    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.

    0
  • 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.

    1
  • 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.

    2
  • 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.

    0
  • 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.

    0
  • 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.

    0
  • 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.

    0
  • 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.

    0
  • 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.

    1
  • Arvind Kumar Prasad vs Geeta Prasad

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

    2
  • 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
  • Alika Khosla vs Thomas Mathew

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

    1
  • 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.

    0
  • RAM SHARAN Vs. ANSUIYA BAI

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

    0
  • A.V.G.V. RAMU Vs. A.S.R. BHARATHI

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

    0
  • AMARDEEP SINGH Vs. HARVEEN KAUR

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

    0
  • PUTULI DAS Vs. DINA NATH TALUKDAR

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

    0
  • VIVEK BHATIA Vs. ANJU BHATIA

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

    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.

    0
  • 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
  • SMT. PRATIKSHA Vs. PRAVIN

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

    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
  • SHASHI BALA Vs. RAJIV ARORA

    Court:Delhi High Court
    Denial of sexual intercourse after marriage and refusal to perform customary rituals amounts to cruelty.

    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
  • SATYAWATI & ORS. Vs. STATE

    Court:DELHI HIGH COURT
    Children Entitled to Claim Maintenance, for awarding maintenance to wife living separately, Court to conclude whether she is justified in living separately or not.

    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.

    0
  • 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
  • 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
  • Sanyogta Verma Vs. Vinod Verma

    Court:Delhi High Court
    After 40 days of the birth of a child, the appellant wife went to her parents’house on a ceremonial visit, but never returned. This amounts to desertion.

    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
  • Mandeep Kaur vs Sukh Dev Singh

    Court:Himachal Pradesh High Court
    Handcuffing of husband and his father because of a false complaint filed by wife amounts to cruelty.

    0
  • Savitri Balchandani vs Mulchand Balchandani

    Court:Delhi High Court
    Grabbing testicles and giving beating to Husband is cruelty, divorce granted.

    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.

    0
  • Prem Lata vs Murari Lal

    Court:Punjab-Haryana High Court
    Filing false complaint under Section 498A and 506 IPC amounts to cruelty.

    0
  • Kotti Veera Venkata Padmavathi vs Kotti Sriram

    Court:Andhra High Court
    Filing a criminal case after divorce petition is cruelty.

    0
  • 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
  • Manjit Kaur vs Avtar Singh

    Court:Punjab-Haryana High Court
    False allegation by wife that husband is leading an adulterous life. Cruelty Proved.

    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.

    0
  • 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
  • Rani vs Amar Nath

    Court:Punjab-Haryana High Court
    Declining to go to matrimonial home even when her Mother- in- law has died is 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
  • SHARDHA NAND SHARMA Vs. KIRAN SHARMA

    Court:DELHI HIGH COURT
    Making false and reckless allegations on the character of the spouse amounts to mental 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
  • 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 pursuasion to keep matrimonial home in good stead is of no use.Marriage dissolved by granting decree of divorce.

    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
  • Susarla Subrahmanya Sastry Vs. S. Padmakshi

    Court:Andhra Pradesh High Court
    Relationship between parties irretrievably broken and because of non-co-operation and hostile attitude of respondent wife, appellant husband subjected to serious traumatic experience : It can safely be termed as ‘cruelty’ within meaning of Section 13(1)(ia) of Act . Acts of respondent and her parents saying appellant cannot perform sexual intercourse amounts to cruelty.

    0
  • Vijay Kumar Sharma Vs. Smt. Sadhna Sharma

    Court:Rajasthan High Court
    False Allegation by Wife that husband used to beat her amounts to cruelty.

    0
  • N. Sreepadachar vs Vasantha Bai

    Court:Karnataka High Court
    The Wife abused Husband in public and treated the Husband with such cruelty as to cause reasonable apprehension in his mind that it would be harmful or injurious for him to live with her.

    0
  • SUSHIL KUMAR VERMA Vs. USHA

    Court:DELHI HIGH COURT
    Wife got the pregnancy terminated without the consent of the Husband and thus caused mental cruelty to him. termination of pregnancy without the consent of the husband amounts to cruelty

    0
  • Chand Parkash Sharma Vs. Kaushlya Devi

    Court:Himachal Pradesh High Court
    Bald and reckless allegations against Husband of sexual misconduct, fathering illegitimate children, threatening respondent with dire consequences and posing danger to his/her life and limb, activating official machinery against him — Withdrawal of respondent-wife from matrimonial home without justification, abstaining from sexual relationship without any reasonable cause, in totality constitutes acts which amount to mental cruelty within meaning of Act.

    0
  • DAGADU SHANKAR TODMAL Vs. STATE OF MAHARASHTRA

    Court:BOMBAY HIGH COURT
    Altercation or conflict between husband and wife does not amount to “cruelty” and cannot attract provisions of Section 498A.
    Conviction cannot be based on sentimental approach.

    0
  • B. SRINIVASULU @ SRINIVASACHARI Vs. VEENA KUMARI @ LATHASREE

    Court:ANDHRA PRADESH HIGH COURT
    Husband and Wife lived together for period of 11 months and after desertion by wife disassociation of husband continuing since 1994 for about 13 years. This is absolutely sufficient to grant divorce .

    0
  • SURAJMAL Vs. RUKMINIBAI

    Court:MADHYA PRADESH HIGH COURT
    Amount of maintenance can be reduced if it is justifiable.

    0
  • MUKUNDAN NAVEEN Vs. ANJALIKA DINESH

    Court:Punjab-Haryana High Court
    Matrimonial dispute can be instituted by party through duly constituted power of attorney holder — Rules made by High Court will prevail over any other rules to the contrary — Permitting the petitioner to institute proceedings by power of attorney will not detract from the power of Court to insist on personal appearance at any subsequent stage as contemplated in law.

    0
  • ASHOK KUMAR DESHMUKH Vs. GAYATRI

    Court:CHHATTISGARH HIGH COURT
    Wife has an affair, lived with husband for only 18 days and then deserted him to live at maternal home. Divorce granted on ground of desertion.

    0
  • ASOKA MITRA Vs. SWAPAN KUMAR MITRA

    Court:CALCUTTA HIGH COURT
    Wife left matrimonial home without consent and reasonable cause. Further, wife condoned wrong on part of husband, even if there be any — No justification in regard to ground of desertion.

    0
  • USHA Vs. LAXMI NARAYAN NAGAICH

    Court:MADHYA PRADESH HIGH COURT
    Wife left her place of residence and refused to come back — Petition filed on a later date, desertion proved.

    1
  • SMT. SUMAN SINGH Vs. TULSI RAM PATEL

    Court:MADHYA PRADESH HIGH COURT
    Wife Wilfully Left Matrimonial Home After Eight Months of Her Marriage and Did Not Come Back — She was unable to prove that she deserted respondent on account of inhumanly treatment given to her by respondent or his family members.

    0
  • SUDHAKAR Vs. SMT. KALAVATI

    Court:MADHYA PRADESH HIGH COURT
    Wife Left Her Matrimonial House on Her own Accord and Did Not Return to Her Husband In Spite of Efforts Made by Him. Reconciliation Not Possible : Decree of Divorce Granted.

    1
  • MAMTA DEVI Vs. DINESH KUMAR

    Court: HIMACHAL PRADESH HIGH COURT
    Wife has been withdrawing from the company of her husband without any justifiable cause — Animus deserendi proved .

    0
  • MEENA RANI Vs. MADAN LAL

    Court:Punjab-Haryana High Court
    By withdrawing herself from society of husband she has treated him with cruelty Divorce granted to husband.

    0
  • GIRRAJ PRASAD SHARMA Vs. SMT. TARA MISHRA

    Court:RAJASTHAN HIGH COURT
    Wife deserted husband continuously for two years or more immediately preceding filing of this petition — Husband entitled to divorce on this ground

    1
  • SATISH KUMAR Vs. SHASHI PRABHA

    Court:MADHYA PRADESH HIGH COURT
    Wife deserted husband entitled to divorce .

    1
  • JASWINDER KAUR Vs. HARVINDER SINGH

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

    1
  • DILIP KUMAR BISWAS Vs. SUSMITA BISWAS

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

    0
  • ANAGALLA PADMALATHA Vs. A. SUDERSHAN RAO

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

    0
  • Ramlalli vs Soneylal

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

    0
  • Smt. Aruna Jalan vs Capt. (Now Major) Ramesh Chand

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

    0
  • Chandhok (Lajwanti) vs Chandhok (O.N.)

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

    0
  • Navin Chawla vs Veena Rani Chawla

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

    0
  • N. Sreepadachar vs Vasantha Bai

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

    0
  • V. Bhagat vs D. Bhagat

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

    0
  • Neha Khullar vs Rakesh Khullar

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

    0
  • Savitri Balchandani vs Mulchand Balchandani

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

    0
  • Madan Lal vs Sudesh Kumari And Anr.

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

    0
  • Mandeep Kaur vs Sukh Dev Singh

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

    0
  • Smt. Bhagwanti vs Laxmandas Panjwani

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

    0
  • Ramlalli vs Soneylal

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

    0
  • Inder Mohan Tiwari Vs. Manju Tiwari

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

    0
  • Dr. Lokeshwari Vs.Dr. Srinivas Rao

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

    0
  • Navin Chawla vs Veena Rani Chawla

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

    0
  • Basant Kumar Jha vs Mithlesh Jha

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

    0
  • D.N. Sharma Vs. Usha Sharma

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

    0
  • Kotti Veera Venkata Padmavathi vs Kotti Sriram

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

    1
  • Smt. Sandhya Gupta And Anr. vs Saibal Prasad Gupta

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

    0
  • Manisha Jha Vs. Kunal Kanti Jha

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

    0
  • Smt. Shanti Devi vs Raghav Prakash

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

    0
  • Nathu Lal vs Nathi Bai

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

    0
  • N. Sreepadachar vs Vasantha Bai

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

    0
  • Smt. Bhagwanti vs Laxmandas Panjwani

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

    0
  • Chand Parkash Sharma vs Kaushlya Devi

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

    0
  • Christine Lazarus Menezes Vs. Lazarus Peter Menezes

    0