Damaging Reputation of Spouse Amounts to Mental Cruelty, Says SC
3 years, 10 months ago

Damaging Reputation of Spouse Amounts to Mental Cruelty, Says SC

News 18  

Defamatory complaints against spouse and damaging his reputation amount to mental cruelty, the Supreme Court said on Friday while granting divorce to an army officer. The apex court was hearing a plea filed by the army officer seeking divorce alleging mental cruelty by his wife who is holding a faculty position in a government PG College. The bench, also comprising Justices Dinesh Maheshwari and Hrishikesh Roy, said: The degree of tolerance will vary from one couple to another and the Court will have to bear in mind the background, the level of education and also the status of the parties, in order to determine whether the cruelty alleged is sufficient to justify dissolution of marriage, at the instance of the wronged party. The apex court noted that materials in the present case reveal that the wife had made several defamatory complaints to the appellant's superiors in the Army for which, a Court of inquiry was held by the Army authorities against the appellant.

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History of this topic

'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC
1 week, 2 days 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
1 week, 3 days 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 …

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court
2 weeks, 3 days 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 …

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
4 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 …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
3 months, 1 week ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court
7 months, 2 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 …

Falsely Accusing Spouse Of Extra Marital Relationship, Refusal To Accept Children Constitutes Mental Cruelty: Delhi High Court
8 months, 2 weeks ago

Falsely Accusing Spouse Of Extra Marital Relationship, Refusal To Accept Children Constitutes Mental Cruelty: Delhi High Court

Live Law  

The Delhi High Court has recently observed that falsely accusing a spouse of being in an extra marital relationship and denying parentage of the children constitutes mental cruelty. A division bench comprising of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that repudiation of the matrimonial bond and refusal to accept the children, who are innocent victims in …

Harassing Husband Publicly, Portraying Him As 'Womanizer' Extreme Cruelty: Delhi High Court Upholds Divorce
1 year ago

Harassing Husband Publicly, Portraying Him As 'Womanizer' Extreme Cruelty: Delhi High Court Upholds Divorce

Live Law  

The Delhi High Court recently upheld divorce granted to a married couple on the ground of cruelty by the wife, observing that her act of harassing and humiliating the husband publicly and portraying him as a “womanizer” in his office is an act of extreme cruelty to him. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal …

More Generous Approach Needs When a Wife Files Divorce Petition
1 year, 4 months ago

More Generous Approach Needs When a Wife Files Divorce Petition

Live Law  

While allowing a petition filed by an estranged wife seeking divorce, the Supreme Court on Wednesday said that the word ‘cruelty’ under Section 13 of the Hindu Marriage Act Act gives wide discretion to Courts ‘to apply it liberally and contextually’. “It has to be applied from person to person while taking note of the attending circumstances.”, the Apex Court …

No law gives right to husband to beat, torture wife: Delhi High Court
1 year, 4 months ago

No law gives right to husband to beat, torture wife: Delhi High Court

India Today  

No law gives the right to a husband to beat and torture his wife, the Delhi High Court held while granting divorce to a woman on the grounds of cruelty and desertion by her husband. The high court said, in this case, it has been proved that the man failed to resume companionship with his wife and not only did …

Wife Making False Allegations Against Husband, Constant Threat Regarding Being Summoned By Police Are Acts Of Cruelty: Delhi High Court
1 year, 4 months ago

Wife Making False Allegations Against Husband, Constant Threat Regarding Being Summoned By Police Are Acts Of Cruelty: Delhi High Court

Live Law  

The Delhi High Court has observed that a wife’s conduct of making false allegations against the husband and his family members and a constant threat to them regarding being summoned to the police station are acts of cruelty which severely impact mental balance.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna allowed a husband’s appeal against …

Woman Disrespecting Her Husband, In-Laws is Cruelty Towards Him: Madhya Pradesh High Court
1 year, 9 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 …

Calling husband 'womaniser', 'alcoholic' without proof is cruelty: Bombay HC
2 years, 2 months ago

Calling husband 'womaniser', 'alcoholic' without proof is cruelty: Bombay HC

Hindustan Times  

The Bombay High Court has said defaming husband and calling him a womaniser and alcoholic without substantiating the allegations amount to cruelty, and upheld a family court order dissolving the marriage of a Pune-based couple. The bench said the wife's conduct in making unwarranted and false allegations against her husband's character results in damage to his reputation in society and …

"Enough Mental Cruelty Caused To Husband": PH High Court Upholds Divorce Decree Granted In Favour Of Husband On Grounds Of Cruelty
2 years, 7 months ago

"Enough Mental Cruelty Caused To Husband": PH High Court Upholds Divorce Decree Granted In Favour Of Husband On Grounds Of Cruelty

Live Law  

The Punjab and Haryana High Court recently dismissed an appeal preferred by a woman against the judgment and decree of the Family Court whereby her husband's petition seeking dissolution of marriage by a decree of divorce had been allowed and he had been granted a divorce.The Bench of Justice Ritu Bahri and Justice Ashok Kumar Verma noted that in the …

'Mental Cruelty' if Wife Bent Upon Targeting Husband's Career, Reputation: Punjab and Haryana HC
2 years, 8 months ago

'Mental Cruelty' if Wife Bent Upon Targeting Husband's Career, Reputation: Punjab and Haryana HC

News 18  

If a woman is bent upon destroying the career and reputation of her estranged husband by raising complaints against him to his seniors, it would amount to mental cruelty, making the man entitled to a divorce, the Punjab and Haryana High Court has ruled. The court was hearing a plea filed by an Indian Air Force personnel to divorce his …

Is Spouse's Refusal To Acknowledge & Treat Mental Illness A Ground For Divorce? Supreme Court To Consider
2 years, 10 months ago

Is Spouse's Refusal To Acknowledge & Treat Mental Illness A Ground For Divorce? Supreme Court To Consider

Live Law  

The Supreme Court on Friday agreed to consider the legal question whether the refusal of a spouse to acknowledge a medical illness and undergo medical treatment for the same can amount to the ground of "cruelty" for divorce.The bench of Justices Vineet Saran and Aniruddha Bose issued notice in a Special Leave Petition filed against Kerala High Court's order dated …

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC
2 years, 10 months 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 …

Not Taking Treatment For Mental Issues To Bring Peace In Family Amounts To Cruelty To Spouse: Kerala HC Upholds Divorce Decree
2 years, 11 months ago

Not Taking Treatment For Mental Issues To Bring Peace In Family Amounts To Cruelty To Spouse: Kerala HC Upholds Divorce Decree

Live Law  

While upholding a Divorce decree, the Kerala High Court recently observed that not taking treatment for mental issues in order to bring out a peaceful and harmonious family atmosphere, amounts to cruelty to the persons at the receiving end i.e., the Spouse.Since the couple in question hail from the Christian Community and the issue before the Court was related to …

Wife Making Serious Unproved Allegations Of Criminal Conduct Against Husband Constitutes 'Cruelty': Delhi High Court Upholds Divorce Decree
3 years, 1 month 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 …

Levelling Accusation Of Unchastity And Perfidiousness Against Wife Amounts To Mental Cruelty: Kerala High Court While Granting Divorce To Couple
3 years, 6 months ago

Levelling Accusation Of Unchastity And Perfidiousness Against Wife Amounts To Mental Cruelty: Kerala High Court While Granting Divorce To Couple

Live Law  

The Kerala High Court on Monday while allowing a matrimonial appeal established that that unsubstantiated accusation and character assassination by one spouse against the other would constitute mental cruelty. The appellant Sabitha Unnikrishnan approached the Court challenging the judgment of the Mavelikkara Family Court dismissing her original petition against her husband for divorce, on the ground that she failed to …

Harming reputation ground for divorce, says Supreme Court
3 years, 10 months ago

Harming reputation ground for divorce, says Supreme Court

Hindustan Times  

A divorce can be granted when the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, ruled the Supreme Court on Friday, as it allowed the petition of an army officer whose wife wrote several complaints against him to his superiors and to women’s rights bodies. An SC bench, headed by justice Sanjay …

Wife Abandoning Husband Along With Daughter When Husband Lost His Vision, Her Unprovoked Humiliating Treatment Amount To Mental Cruelty: Tripura HC [Read Judgment]
4 years, 3 months ago

Wife Abandoning Husband Along With Daughter When Husband Lost His Vision, Her Unprovoked Humiliating Treatment Amount To Mental Cruelty: Tripura HC [Read Judgment]

Live Law  

While hearing an appeal filed by the wife against the Judgment dated 25.09.2018 passed in case no T.S. It was further held by the learned trial Judge that her allegations of matrimonial cruelty against her husband under Section 498A, IPC was proved to be false in the appeal in the court of Sessions Judge as well as in the High …

Filing of Criminal Case & Acquittal Therein Cannot Be Treated As Ground For Granting Divorce If It Was Not The Basis For Seeking Divorce: SC [Read Judgment]
4 years, 10 months ago

Filing of Criminal Case & Acquittal Therein Cannot Be Treated As Ground For Granting Divorce If It Was Not The Basis For Seeking Divorce: SC [Read Judgment]

Live Law  

The Supreme Court has observed that filing of a criminal case by one of the parties to the marriage and the acquittal therein cannot be automatically treated as a ground for granting divorce if such a ground is not raised in the divorce petition. The Court said: "as on the date when the cause of action had arisen for the …

Legal Course Adopted By Wife To Protect Her Rights Cannot Be Termed As 'Cruelty' On The Husband: SC [Read Judgment]
5 years, 4 months ago

Legal Course Adopted By Wife To Protect Her Rights Cannot Be Termed As 'Cruelty' On The Husband: SC [Read Judgment]

Live Law  

The Supreme Court has observed that legal course adopted by a wife to protect her rights cannot be considered as inflicting cruelty on the husband.The bench comprising Justice R. Banumathi and Justice AS Bopanna also reiterated that irretrievable breakdown of marriage by itself is not a ground provided under the statute for seeking dissolution of marriage. The Supreme Court has …

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