Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]
7 years, 11 months ago

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]

Live Law  

The Bombay High Court has upheld the order of a family court dissolving a marriage between a couple who had been married since 1987, on grounds of cruelty.The family court, in its order dated May 26, 2008, allowed the husband’s divorce petition on grounds of cruelty and desertion by the wife under Sections 10 and of the Divorce Act, 1869.However, the grant of divorce on ground. The Bombay High Court has upheld the order of a family court dissolving a marriage between a couple who had been married since 1987, on grounds of cruelty. The family court, in its order dated May 26, 2008, allowed the husband’s divorce petition on grounds of cruelty and desertion by the wife under Sections 10 and of the Divorce Act, 1869. Justice Sayed who authored the judgment, observed: “In our view, the aforementioned act of the wife in lodging a false Criminal Complaint under section 498-A against her husband pursuant to which the Police arrested him from his parent’s house at Goa and he was incarcerated, was sufficient in itself to grant decree for dissolution of marriage to the husband on the ground of cruelty by the wife.” It noted how wife had also admitted to falsely deposing that husband was residing in another flat in Chembur with another woman.

Marriage Goa Court Divorce Cruelty Order Fir Ground Her Husband Husband Wife Bombay  family  ground  upholds  court  false  cruelty  hc  upheld  divorce  marriage  filed  order  wife  judgment  husband  grounds  read

History of this topic

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man
3 days, 6 hours ago

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man

India Today  

The Bombay High Court has quashed an order of the Sangli Civil Court and ruled that a husband's divorce petition will be dismissed if he fails to clear Rs 25,000 in maintenance arrears by June 30, 2025. The order came while hearing a petition filed by the man's wife, challenging the Sangli court's rejection of her plea to strike out …

Threatening to commit suicide amounts to cruelty towards spouse: Bombay High Court
4 days, 6 hours ago

Threatening to commit suicide amounts to cruelty towards spouse: Bombay High Court

India Today  

The Aurangabad bench of the Bombay High Court has ruled that threatening a spouse and their family with imprisonment by threatening or attempting suicide constitutes cruelty, providing grounds for divorce. Justice RM Joshi made this observation while upholding a divorce granted to a husband who claimed to have faced cruelty from the wife. The court noted the wife's inability to …

After Bombay High Court Order, Family Court Dissolves Marriage of Yuzvendra Chahal & Dhanashree Verma
1 week, 2 days ago

After Bombay High Court Order, Family Court Dissolves Marriage of Yuzvendra Chahal & Dhanashree Verma

Live Law  

A Family Court in Mumbai on Thursday dissolved the marriage between Indian cricketer Yuzvendra Chahal and his estranged wife Dhanashree Verma.Confirming the development advocate Nitin Gupta, appearing for Chahal, told Live Law, "The marriage has been dissolved and they are legally separated now. "This comes after the Bombay High Court on Wednesday ordered the Family Court in. A Family Court …

Bombay HC Asks Family Court To Decide Mutual Divorce Plea Of Yuzvendra Chahal & Dhanashree Verma Tomorrow, Waives Cooling Off Period
1 week, 3 days ago

Bombay HC Asks Family Court To Decide Mutual Divorce Plea Of Yuzvendra Chahal & Dhanashree Verma Tomorrow, Waives Cooling Off Period

Live Law  

In a relief for Indian cricketer Yuzvendra Chahal, the Bombay High Court on Wednesday directed the Family Court at Bandra, Mumbai to decide the divorce petition filed by him and his estranged wife Dhanashree Verma, latest by Thursday itself, since he will be busy with the upcoming Indian Premiere League from March 22.Single-judge Justice Madhav Jamdar allowed the petition filed …

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court
1 week, 3 days ago

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

Live Law  

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498 of the Indian Penal Code. With this, the court quashed the chargesheet and the proceedings initiated by the woman against her husband and her husband's relatives …

High Court speeds up Chahal divorce plea: Complied with consent terms on alimony
Trending News
1 week, 4 days ago

High Court speeds up Chahal divorce plea: Complied with consent terms on alimony

India Today  

The Bombay High Court has directed the Bandra Magistrate Court to decide the mutual divorce proceeding initiated by cricketer Yuzvendra Chahal and his estranged wife, Dhanashree Verma, by Thursday, 20 March. A bench of Justice Madhav Jamdar said that considering Chahal's lawyers' statement that he will not be available from 21 March due to his Indian Premier League commitments, the …

Denial of right to education as a ground for divorce
1 week, 4 days ago

Denial of right to education as a ground for divorce

Hindustan Times  

I have on my desk a recent judgment of the Madhya Pradesh High Court ’s Indore Bench, indeed heartwarming, which deserves to be followed by all other high courts and affirmed by the nation’s apex court. If the husband or in-laws of a married woman force her to give up her pursuit for education, it will amount to mental cruelty, …

Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court
1 week, 4 days ago

Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court

Live Law  

The Jammu and Kashmir High Court has deprecated the practice of arraying the relatives of the husband as accused in the proceedings under Section 498-A IPC to create pressure on the husband and his family members. The court added that it appears the petitioner has been arrayed as an accused only because he was nominated by the other accused persons …

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
1 week, 6 days ago

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty

Live Law  

While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. If despite objection husband or wife continues …

Falsely Labelling Police Constable Husband As A Terrorist Cannot Be Ignored, Caused Severe Mental Torture: Madras High Court Grants Divorce
2 weeks, 2 days ago

Falsely Labelling Police Constable Husband As A Terrorist Cannot Be Ignored, Caused Severe Mental Torture: Madras High Court Grants Divorce

Live Law  

While granting divorce to a police constable, the Madras High Court recently observed that the wife's complaint against him alleging that he had an extra-marital affair and that he had a connection with terrorist organizations could not be ignored as the same would cause severe mental torture and would amount to mental cruelty. The high court, however, noted that due …

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court
3 weeks ago

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court

Live Law  

While granting divorce to a woman, the Indore Bench of Madhya Pradesh High Court has held that compelling the wife to discontinue her studies or putting her in a position not to continue her studies amounts to mental cruelty and constitutes a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. Accordingly, findings of the trial court …

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea
3 weeks, 2 days ago

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea

Live Law  

The Delhi High Court has said that while dealing with matrimonial matters, family courts must adopt an approach which is different from ordinary civil proceedings. “While dealing with disputes concerning the family, the Courts ought to adopt an approach radically different from that adopted in ordinary civil proceedings,” Justice Ravinder Dudeja said. The Court was dealing with a wife's plea …

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
1 month ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law  

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

Chhattisgarh HC Grants Divorce to Woman Citing Husband’s Excessive Drinking, Illicit Relationship with other Women
1 month, 1 week ago

Chhattisgarh HC Grants Divorce to Woman Citing Husband’s Excessive Drinking, Illicit Relationship with other Women

Deccan Chronicle  

Raipur: The Chhattisgarh high court on Wednesday granted divorce to a woman ending her 34-year-long marriage on the ground of her husband’s excessive drinking habit and illicit relationship with other women. A division bench comprising Justice Rajani Dubey and Justice Narendra Kumar Vyas, while granting divorce to the woman, observed that ‘The man indulged in excessive drinking and had illicit …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 2 weeks ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court
1 month, 3 weeks ago

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court

The Hindu  

The Supreme Court of India has held that a woman would be entitled to claim maintenance under Section 125 of the Code of Criminal Procedure from her second husband even if her previous marriage was legally subsisting. Directing the second husband to pay maintenance to his estranged wife, the top court said, "In the opinion of this court, when the …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 3 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law  

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

Courts Can't Rely On Rigid Definitions Of Cruelty, Must Assess If Conduct Makes It Unreasonable For One Spouse To Live With Other: Kerala HC
1 month, 3 weeks ago

Courts Can't Rely On Rigid Definitions Of Cruelty, Must Assess If Conduct Makes It Unreasonable For One Spouse To Live With Other: Kerala HC

Live Law  

The Kerala High Court has reiterated that while dealing petitions for divorce on ground of cruelty, Courts cannot rely on rigid definitions of cruelty. Stating that the emotional quotient of every individual is different, it added that Courts must assess whether the conduct of one spouse has made it unreasonable for the other spouse to live with them. The Division …

Disapproving marriage does not amount to abetment of suicide: Supreme Court
2 months ago

Disapproving marriage does not amount to abetment of suicide: Supreme Court

The Hindu  

The Supreme Court has said expressing disapproval for marriage does not amount to abetment of suicide under Section 306 of the Indian Penal Code. The court said even if all evidence on record, including the charge sheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant. Even if the appellant expressed …

Family Law: All India Annual Digest 2024
2 months ago

Family Law: All India Annual Digest 2024

Live Law  

SUPREME COURT CustodyCustody of minor children – Parental Alienation Syndrome – It is challenged that the Minor Children have been influenced against the Respondent and the preference indicated by the Minor Children ought not to be considered representative of their true emotions. S.125 CrPC | Wife Residing Away From Husband Without Any Reasonable Cause Not Entitled To Maintenance: Jharkhand High …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months, 1 week ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court
2 months, 1 week ago

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court

Live Law  

The Allahabad High Court has held that decision of the Trial Court/ Family Court cannot be set aside because of failure on part of the husband in leading evidence when there is no other infirmity in the order. The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held “Refusal/ failure on part of the husband to lead any …

Consumption Of Alcohol By Wife Not Cruelty Unless Followed By Unwarranted & Uncivilized Behavior: Allahabad High Court
2 months, 2 weeks ago

Consumption Of Alcohol By Wife Not Cruelty Unless Followed By Unwarranted & Uncivilized Behavior: Allahabad High Court

Live Law  

While granting a decree of divorce on grounds of desertion, the Allahabad High Court has observed that merely because the wife consumes alcohol does not amount to cruelty unless it is followed by uncivilized behavior. Since the wife did not put in appearance, the Court proceeded ex-parte and rejected the divorce petition on grounds that cruelty by the wife remained …

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court
2 months, 2 weeks ago

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

Live Law  

The Delhi High Court has held that two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship under the Domestic Violence Act. “Even otherwise, in terms of Section 2 of the Act, the relationship of parties living together through a relationship in the …

High Court upholds divorce over woman's false case to change husband's behaviour
2 months, 2 weeks ago

High Court upholds divorce over woman's false case to change husband's behaviour

India Today  

The Bombay High Court has upheld a Thane Family Court judgment dissolving the marriage of a couple, ruling that filing false allegations of cruelty against a spouse constitutes mental cruelty. A division bench comprising Justices GS Kulkarni and Advait Sethna dismissed the wife's appeal challenging the Family Court's decision, which had granted divorce in favour of the husband on grounds …

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months, 2 weeks ago

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’

Live Mint  

The Bombay High Court has recently ruled that a wife filing false complaints against her husband and in-laws in an attempt to correct his behaviour constitutes cruelty within marital relations. The ruling comes as Bombay High Court's division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce …

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court
Trending News
2 months, 2 weeks ago

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

Live Law  

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, …

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
2 months, 2 weeks ago

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

Live Law  

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The counsel further submitted …

Wife not wearing 'parda' is not cruelty, can't be ground for divorce: High Court
2 months, 3 weeks ago

Wife not wearing 'parda' is not cruelty, can't be ground for divorce: High Court

India Today  

The Allahabad High Court has stated that a woman’s choice to forgo wearing a 'parda' does not constitute cruelty towards her husband and, therefore, cannot be used as a basis for seeking divorce. A division bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh made this observation while hearing an appeal filed by a man whose divorce petition had …

'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC
2 months, 4 weeks ago

'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC

Live Law  

The Allahabad High Court has observed that a 'free-willed' wife's acts of travelling alone or interacting with members of civil society without engaging in any illegal or immoral relationships cannot be considered an act of cruelty against her husband. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh, however, added that a wife's conduct of only seeking to …

Consistent behaviour patterns that cause great emotional, mental pain to spouse ground for divorce: SC
2 months, 4 weeks ago

Consistent behaviour patterns that cause great emotional, mental pain to spouse ground for divorce: SC

The Hindu  

The Supreme Court has in a judgment held that patterns of behaviour which cause immense emotional distress to a married partner amount to mental cruelty and is a ground for divorce. “Cruelty also encompasses actions that inflict mental pain and suffering that creates a reasonable apprehension of harm or injury to an aggrieved spouse from the conduct of the other …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage
3 months ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage

Live Law  

The Calcutta High Court has quashed a case against a man accused by his sister-in-law of cruelty. The allegations are general in nature and the petitioner herein has been named only in the cause title of the petition under Section 156 of Cr. "The materials in the case diary also shows that the allegations are general in nature and the …

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties
3 months ago

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties

Live Law  

The Delhi High Court has recently directed all the Family Courts in the national capital to ensure that the cross-examinations of witnesses are completed as expeditiously as possible, without causing any undue harassment or embarrassment to the parties.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee observed that the Family Courts should ensure that the. The Delhi …

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court
Trending News
3 months ago

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court

Live Law  

The Calcutta High Court has held that a wife imposing her friends and family on her husband by having them put up at his residence without his willingness would amount to cruelty. In 2008, the appellant-husband instituted the divorce suit and later the wife sent a complaint against the husband and his family by registered post to the Nabadwip Police …

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court
3 months ago

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court

Live Law  

The Calcutta High Court has held that a wife imposing her friends and family on her husband by having them put up at his residence without his willingness would amount to cruelty.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held: The mother of the respondent would not have lived at the Kolaghat residence of the appellant if he …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
3 months ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court
3 months ago

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court

Live Law  

The Calcutta High Court has held that a "quarrel" between husband and wife would be attributed to both parties and that it would be a part of the normal "wear and tear" of marital life, and could not be grounds to allow divorce on the ground of cruelty. A division bench of Justice Sabyasachi Bhattacharya and Uday Kumar held: "The …

Long stay of wife’s family at husband’s house amounts to ‘cruelty’, says Calcutta HC
3 months, 1 week ago

Long stay of wife’s family at husband’s house amounts to ‘cruelty’, says Calcutta HC

Live Mint  

The Calcutta High Court ruled that the long stay of a married woman's friends and family at her husband's house, against his will, can amount to cruelty. “Such imposition of friend and family by the woman on her husband at his quarters against his will, sometimes even when the respondent was herself not there, over a continuous period of time, …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months, 1 week ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce
3 months, 1 week ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law  

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
3 months, 1 week ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law  

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship
3 months, 2 weeks ago

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship

India Today  

The Bombay High Court said that a Hindu woman who has decided to marry a Muslim man not yet of marriageable age, will be allowed to make her own decision. The court also asserted that there is no question of anyone gaining custody of the woman, who is currently housed at a shelter home in Mumbai. The advocate also submitted …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

For divorces in India, the process is the punishment
3 months, 2 weeks ago

For divorces in India, the process is the punishment

India Today  

On July 15, 2024, the legal counsel of Omar Abdullah, the now Chief Minister of Jammu and Kashmir, said in the Supreme Court that his marriage had been irretrievably "dead" as he and his spouse had lived apart for 15 years. HOW DIVORCE LAWS MISUSED IN INDIA, PROCESS IS PUNISHMENT "Let’s start with how, after filing for divorce, a person …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
3 months, 2 weeks ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court
Trending News
3 months, 2 weeks ago

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court

Live Law  

The fact that a wife did not make any complaint regarding cruelty for many years would not make a complaint under Section 498A of the Indian Penal Code unsustainable, held the Supreme Court while rejecting the plea of a husband for discharge. The Supreme Court noted that there were sufficient averments in the complaint to the effect that the wife …

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court
3 months, 2 weeks ago

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Aurangabad bench of the Bombay High Court on Wednesday held that keeping a minor child away from the mother in defiance of a court order would amount to mental harassment and cruelty. The bench noted that the husband had taken along with him, his four year old daughter, despite a clear order from a Family …

Supreme Court lays down factors for deciding alimony amid techie suicide case
3 months, 2 weeks ago

Supreme Court lays down factors for deciding alimony amid techie suicide case

India Today  

Amid an ongoing debate over the suicide of a Bengaluru-based techie allegedly due to harassment by his estranged wife, the Supreme Court has laid down a number of conditions and factors that require due weightage while deciding the alimony in divorce cases. A bench of Justice Vikram Nath and Justice Prasanna V Varale ordered Praveen Kumar Jain to pay Rs …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months, 2 weeks ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 2 weeks ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after …

Discover Related