Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court
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3 months, 1 week ago

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the spouses must be read as 'cruelty' under Section 13 of the 1955 Act. With this, the Court allowed an appeal filed by the Husband challenging a family court order whereby his application filed under Section 13 of the Hindu Marriage Act seeking a decree of divorce on the ground of ''cruelty suppressing fact of unsound mind of respondent and desertion'' had been rejected. Thus, the appellant moved an application seeking divorce on the grounds of cruelty and desertion before the Family court, claiming that he suffered humiliation and mental agony due to her condition. “The long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to be read cruelty under Section 13 of the 1955 Act,” the Court observed.

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History of this topic

Denial of right to education as a ground for divorce
3 days, 22 hours 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, …

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
5 days, 22 hours 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 …

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court
2 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 …

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

Wife In Love With Someone Else Without Any Physical Relations Is Not Adultery: Madhya Pradesh High Court
1 month, 1 week ago

Wife In Love With Someone Else Without Any Physical Relations Is Not Adultery: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that merely because the wife is in love with someone else is not enough to prove adultery on her part to deny her maintenance. Revisionist-husband approached the High Court against the order of the Principal Judge, Family Court, Chhindwara awarding interim maintenance at Rs.4,000/- to the respondent-wife. The Court relied on Rajnesh Vs. …

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

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
2 months, 1 week 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 …

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
3 months, 1 week ago

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Live Law  

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of …

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court
4 months ago

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court

Live Law  

The Calcutta High Court has observed that it is high time that irretrievable breakdown of marriage is recognised as a ground for divorce under Indian law, by reading it into the grounds of cruelty or desertion, like it is in the UK.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:It transpires from the consistent conduct and lack of …

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce
4 months ago

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce

Live Law  

Finding a woman entitled to a divorce decree, the Gwalior bench of Madhya Pradesh High Court said that once the relationship between the couple had "reached irretrievable breakdown" along with desertion of over five yers, then compelling them to live together won't serve any purpose by granting a "judicial separation" decree. The appellant/wife had filed an appeal under Section 28 …

Husband Forcing Wife To Leave Job And Live As Per His Wish, Style Amounts To Cruelty: Madhya Pradesh High Court In Divorce Case
4 months ago

Husband Forcing Wife To Leave Job And Live As Per His Wish, Style Amounts To Cruelty: Madhya Pradesh High Court In Divorce Case

Live Law  

Allowing a woman's plea for dissolving her marriage to a man, the Indore bench of the Madhya Pradesh High Court observed that in the case at hand the the husband compelling his wife to leave her government job till he gets the job, and to "live as per his wish and style" amounts to cruelty. In doing so the court …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 1 week ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 1 week ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

Termination of Pregnancy Without Husband’s Consent Amounts to Cruelty: Madhya Pradesh HC
6 months, 3 weeks ago

Termination of Pregnancy Without Husband’s Consent Amounts to Cruelty: Madhya Pradesh HC

News 18  

The Madhya Pradesh High Court has ruled that the termination of pregnancy without the husband’s consent constitutes cruelty under Section 13 of the Hindu Marriage Act, 1955, while upholding the dissolution of marriage between the appellant and the respondent on the grounds of cruelty and desertion. The court, presided over by Justice Vivek Rusia and Justice Binod Kumar Dwivedi, examined …

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court
7 months, 3 weeks ago

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court

Live Law  

The Kerala High Court has held that a woman who complains of being in a loveless relationship with her husband who is allegedly living a wayward life and acting under the influence of alcohol would not be able to enumerate each and every incident of cruelty. The Family Court held that the disputes between the parties were part of 'ordinary …

Divorce must be granted if cruelty is proven: Allahabad HC
9 months, 1 week ago

Divorce must be granted if cruelty is proven: Allahabad HC

Hindustan Times  

Dissolving a marriage, the Lucknow bench of the Allahabad high court has ruled that once cruelty is proven, the suit for divorce must be decreed. The court overturned a family court’s decision that dismissed a husband’s suit for divorce while allowing his wife’s suit for restitution of conjugal rights, despite clear evidence of cruelty inflicted upon the husband by the …

Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court
9 months, 1 week ago

Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court

Live Law  

Madhya Pradesh High Court has held that the factum of a husband sentenced to life imprisonment in a murder case can be grounds for divorce on account of 'mental cruelty' to the wife. “…Therefore, the conviction of the husband under Section 302 of IPC and sentence of life imprisonment amounts to mental cruelty towards the wife which entails her getting …

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court
9 months, 2 weeks ago

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court

Live Law  

The Allahabad High Court has held that once the finding regarding cruelty has been recorded by the Family Court, marriage between the parties ought to be dissolved. The Court held that the grounds of divorce provided in Section 13 of the Hindu Marriage Act are mutually exclusive and if any one of the grounds is made out, the divorce ought …

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court
9 months, 3 weeks ago

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court

Live Law  

The Karnataka High Court recently allowed an appeal filed by a woman challenging the order of the trial court dismissing her petition seeking divorce and held that unfounded allegation on the character of a spouse causes mental cruelty and can be a ground for dissolution of marriage. It was stated that three years after the marriage, the respondent started torturing …

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court
10 months ago

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that when a marriage has already been dissolved, a petition under 498A and section 3 of the Dowry Prohibition Act is not maintainable. The order was passed in a criminal revision petition filed by the accused and his parents challenging the dismissal order passed against their discharge petitions in a criminal case filed …

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home
11 months, 2 weeks ago

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home

Hindustan Times  

NEW DELHI: A woman repeatedly leaving her matrimonial home for no fault attributable to the husband amounts to cruelty, a ground for divorce, the Delhi high court said in a recent verdict granting divorce to the couple. In its 23-page verdict, a bench of justices Suresh Kumar Kait and Neena Bansal Krishna allowed the husband’s petition against the family court’s …

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
11 months, 2 weeks ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court
1 year, 2 months ago

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court

India Today  

The Madhya Pradesh High Court recently ruled that a woman refusing to have physical relations with her husband amounts to "mental cruelty" and is a valid ground for him to seek divorce under the Hindu Marriage Act. A division bench of Justices Sheel Nagu and Vinay Saraf set aside the decision of a Bhopal family court in 2014 which had …

Cruelty | Intention Not Necessary If Act Complained Of Bad Enough And Per Se Unlawful: Himachal Pradesh High Court Upholds Divorce Decree
1 year, 2 months ago

Cruelty | Intention Not Necessary If Act Complained Of Bad Enough And Per Se Unlawful: Himachal Pradesh High Court Upholds Divorce Decree

Live Law  

The Himachal Pradesh High Court has ruled that levelling baseless accusations of infidelity against a spouse can be grounds for divorce, even if unintentional. A bench comprising Justices Vivek Singh Thakur and Sandeep Sharma has clarified that cruelty can exist even without deliberate or willful intent and the absence of intention shouldn't negate relief for the aggrieved spouse if the …

Deprivation of Conjugal Relationship is An Act of Extreme Cruelty: Delhi High Court
1 year, 2 months ago

Deprivation of Conjugal Relationship is An Act of Extreme Cruelty: Delhi High Court

News 18  

The Delhi High Court has recently held that the deprivation of conjugal relationships is an act of extreme cruelty. For a couple to be deprived of each other’s company proves that the marriage cannot survive, and such deprivation of conjugal relationships is an act of extreme cruelty.” While granting a decree of divorce under Section 13 of the Hindu Marriage …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
1 year, 2 months ago

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC

News 18  

Withholding mutual consent for divorce in a failed marriage or unilaterally withdrawing such consent amounts to cruelty to the other spouse, the Delhi High Court has said while upholding the divorce granted to a husband by a family court here. Such unilateral withdrawal from divorce by mutual consent thus, amounted to cruelty,” the bench, also comprising Justice Neena Bansal Krishna, …

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce
1 year, 5 months ago

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce

Live Law  

The Delhi High Court has observed that for a married couple to be deprived of the conjugal relationship and of each other’s company is an act of extreme cruelty.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order granting divorce to a husband under Section 13 of the Hindu Marriage Act, 1956, …

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court
1 year, 6 months ago

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court

Live Law  

The Delhi High Court has observed that while looking at acts of 'mental cruelty', the courts must look at the married life of a couple as a whole and not merely a few isolated incidents.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that mere filing of an FIR by wife is not sufficient …

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court
1 year, 6 months ago

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court

Live Law  

The Patna High Court has held that entering into a second marriage, even with the consent of the first wife, may constitute cruelty to the first wife, thereby giving her reason to live separately and giving cause of action to file complaint cases under Section 498A of the IPC. "However, as a common knowledge, such second marriage is not tolerated …

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court
1 year, 6 months ago

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court

Live Law  

The Delhi High Court has held that wife's insistence to live separately from other family members of the husband without any justifiable reason can be termed as an act of 'cruelty'.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna added that such acrimonious atmosphere at home cannot be a conducive environment for a married couple to …

Estranged Wife Taking Recourse To Law By Initiating Legal Action Not Cruelty Against Husband: Delhi High Court
1 year, 7 months ago

Estranged Wife Taking Recourse To Law By Initiating Legal Action Not Cruelty Against Husband: Delhi High Court

Live Law  

The Delhi High Court on Thursday observed that the act of an estranged wife taking recourse to law by initiating legal action and filing petitions will not amount to cruelty qua the husband.“Merely because appellant had taken recourse to law by initiating legal action before a court of law, it would not amount to cruelty. The Delhi High Court on …

Continuing in a marriage broken down irretrievably amounts to cruelty, a ground for divorce: SC
1 year, 10 months ago

Continuing in a marriage broken down irretrievably amounts to cruelty, a ground for divorce: SC

The Hindu  

The Supreme Court has held that continuing in a marriage which has broken down irretrievably amounts to cruelty, which is a ground for divorce under the Hindu Marriage Act. A Bench of Justices Sudhanshu Dhulia and J.B. Pardiwala read the ‘irretrievable breakdown of marriage’ into the ground of ‘cruelty’ for divorce under the Act. Irretrievable breakdown of marriage by itself …

Woman Disrespecting Her Husband, In-Laws is Cruelty Towards Him: Madhya Pradesh High Court
1 year, 11 months ago

Woman Disrespecting Her Husband, In-Laws is Cruelty Towards Him: Madhya Pradesh High Court

News 18  

The Madhya Pradesh High Court recently held that if a wife is disrespectful towards her husband and his family, it would construe as cruelty towards the husband. In appeal before the high court, the wife alleged that it was in fact her husband’s behaviour towards her that had forced her to move out of her matrimonial house along with her …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 4 months ago

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce

Live Law  

Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. "The Appellant had knowledge of the legal procedure, having filed three criminal cases," the High Court bench observed, adding that …

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC
2 years, 10 months ago

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC

ABP News  

New Delhi: The Chhattisgarh High Court recently noted that a wife persistently putting constraint on husband to get separated from his parents and threatening him to in a false dowry demand case would amount to mental cruelty, reported Bar and Bench. A two-judge bench committee composed of judges Goutam Bhaduri and NK Chandravanshi was hearing a petition filed by a …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 11 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage
3 years ago

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage

Live Law  

The Delhi High Court has dissolved marriage between a couple living separately for 12 years taking note of the fact that the wife had filed an unsubstantiated criminal complaint against the husband and his family members which caused them immense mental cruelty and agony.Justice Vipin Sanghi and Justice Jasmeet Singh dissolved the marriage by decree of divorce under Sections 13. …

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC
3 years, 1 month ago

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC

Live Law  

In a noteworthy judgment, the Kerala High Court on Wednesday made several important observations on matrimonial cruelty and the scope of revival of condoned matrimonial offences. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas dismissed an appeal filed by a woman seeking to reverse the order of a Family Court which rejected her plea for divorce …

Wife Making Serious Unproved Allegations Of Criminal Conduct Against Husband Constitutes 'Cruelty': Delhi High Court Upholds Divorce Decree
3 years, 4 months ago

Wife Making Serious Unproved Allegations Of Criminal Conduct Against Husband Constitutes 'Cruelty': Delhi High Court Upholds Divorce Decree

Live Law  

The Delhi High Court recently observed that a wife making serious allegations of criminal conduct against her husband and his parents, which she was unable to prove in Trial Court, amounts to an act of "cruelty". The Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh thus upheld the divorce decree granted to the husband by a Family Court …

Wife Creates Matrimonial Profile : Bombay High Court Grants Husband Divorce On Grounds Of 'Mental Cruelty'
3 years, 6 months ago

Wife Creates Matrimonial Profile : Bombay High Court Grants Husband Divorce On Grounds Of 'Mental Cruelty'

Live Law  

Relying on instances of high degree of "mental cruelty" meted out by a wife to her 36-year-old husband, the Bombay High Court's Nagpur Bench granted him a divorce. It was further held that the family court had failed to consider the wife's marriage profiles on two matrimonial websites while rejecting the man's divorce petition last year. The Court further noted …

Borrowing Money On Interest Without Informing Husband, Stealing Ornaments And Valuables,Levelling Allegations Against Him Etc. Amount To Cruelty: U'khand HC [Read Order]
4 years, 6 months ago

Borrowing Money On Interest Without Informing Husband, Stealing Ornaments And Valuables,Levelling Allegations Against Him Etc. Amount To Cruelty: U'khand HC [Read Order]

Live Law  

While hearing an appeal filed by the wife against the Judgment and order dated 7.12.2016 passed by the Principal Judge, Family Court, Dehradun, in Suit No. A division bench comprising Justices Narayan Singh Dhanik and Ravi Malimath dismissed the said appeal noting that the wife, without informing her spouse, borrowed money on interest from many persons made purchases on credit, …

Temporary Reunion During Pendency Of Divorce Proceedings Will Not Defeat The Claim For Dissolution Of Marriage: Kerala HC [Read Judgment]
5 years ago

Temporary Reunion During Pendency Of Divorce Proceedings Will Not Defeat The Claim For Dissolution Of Marriage: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that the reunion of spouses for a temporary period during the pendency of the proceeding for divorce pursuant to settlement of matrimonial issues will not defeat the claim for dissolution of marriage on the ground of alleged condonation of cruelty nor will it bar continuance of the proceeding when their relationship is again estranged. …

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]
5 years, 8 months ago

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that irretrievable breakdown of marriage alone cannot be a ground of divorce and can only be considered as a circumstance by the Court if it is merged with cruelty. Moreover the Family Court observing that the marriage was dead for all purposes since they had been living separately, ordered it to be dissolved, for …

Once Divorce Is Granted, Relief Can't Be Sought Under Domestic Violence Act: Bombay HC [Read Judgment]
5 years, 10 months ago

Once Divorce Is Granted, Relief Can't Be Sought Under Domestic Violence Act: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that once a decree of divorce has been granted, relief cannot be sought by the wife under the Domestic Violence Act. In the said judgment, the applicant wife's application under Sections 12 and 18 of the Protection of Women from Domestic Violence Act, 2005 was rejected. In 2009, the application under Sections 12 and …

'Personal Inconvenience' Of Couple Not A Ground To Waive Cooling Off Period For Mutual Consent Divorce: Madhya Pradesh HC [Read Order]
5 years, 11 months ago

'Personal Inconvenience' Of Couple Not A Ground To Waive Cooling Off Period For Mutual Consent Divorce: Madhya Pradesh HC [Read Order]

Live Law  

Personal inconvenience of the parties cannot be a ground to waive the period of 6 months as provided under Section 13-B of the Hindu Marriage Act, the Madhya Pradesh High Court has held. The couple, who had filed a divorce by mutual consent plea before the Family court, had sought waiver of 6 months cooling off period. The High Court …

Wife's False Allegations Of Infidelity Amount To Cruelty: Delhi HC Grants Divorce [Read Judgment]
6 years, 10 months ago

Wife's False Allegations Of Infidelity Amount To Cruelty: Delhi HC Grants Divorce [Read Judgment]

Live Law  

The Delhi High Court recently granted divorce to a man holding that his estranged wife's false allegation of illicit relation between him and his widowed sister-in-law amounted to cruelty.Justice J.R. Midha was hearing Appeals challenging a Trial Court order, whereby a couple had been granted a decree for judicial separation under Section 13A of the Hindu Marriage Act. The Delhi …

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution
7 years ago

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution

Live Law  

The Supreme Court has allowed divorce by mutual consent in a matrimonial case by closing a prolonged litigation. The court heard an appeal against a judgment of the High Court of Andhra Pradesh and Telangana and aided the couple in reaching an amicable settlement. The court also directed both parties not to initiate any case or petition or any complaint …

SC Helps Couple To End Prolonged Matrimonial Litigation By Allowing Divorce By Mutual Consent [Read Judgment]
7 years ago

SC Helps Couple To End Prolonged Matrimonial Litigation By Allowing Divorce By Mutual Consent [Read Judgment]

Live Law  

The Supreme Court recently allowed divorce by mutual consent in a matrimonial case by closing a prolonged litigation.A bench of Justice Kurian Joseph and Mohan M Shantanagouder was hearing an appeal against a judgment of the High Court of Andhra Pradesh and Telangana.The court had made several attempts for a peaceful and amicable settlement of the disputes, through mediators and …

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