Infertility Not A Ground for Divorce, Amounts to 'Mental Cruelty': Calcutta HC Dismisses Husband's Plea to Quash Criminal Case
1 year, 11 months ago

Infertility Not A Ground for Divorce, Amounts to 'Mental Cruelty': Calcutta HC Dismisses Husband's Plea to Quash Criminal Case

News 18  

The Calcutta High Court recently dismissed a plea filed by a husband to quash the criminal case lodged by his wife levelling allegations of cruelty against him. The HC rejected the argument put forth by the husband that he had only sought mutual divorce from his wife for she had developed several medical conditions and disorders, which ushered in primary infertility with premature menopause, and in retaliation to this, the wife had filed the present criminal case. A spouse has to be understanding in these circumstances…If the petitioner/husband had the problem, would he not expect support from his wife to make a better life together.” Referring to the definition of the word “cruelty” as provided under section 498A of the Indian Penal Code, the judge said that in the present case, the term took a different meaning altogether and the “mental cruelty” inflicted upon the wife was of such a nature that it caused grave danger to her life and health. Therefore, stressing that in the present case, there was substance in the allegations and material existed to prima facie make out the complicity of the husband in a cognisable offence, the court dismissed his plea.

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History of this topic

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court
7 hours, 52 minutes 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 …

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 days, 6 hours 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 …

Madras High Court Weekly Round-Up: December 9 To December 15, 2024
6 days, 7 hours ago

Madras High Court Weekly Round-Up: December 9 To December 15, 2024

Live Law  

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw 476 To 2024 LiveLaw 478 NOMINAL INDEX ABC v. XYZ, 2024 LiveLaw 476 The Music Academy v V Shrinivasan and Others, 2024 LiveLaw 477 N Sasikala v The Assistant Director, ED, 2024 LiveLaw 478 REPORTS No Fixed Parameters For Cruelty In Matrimonial Case, Rude Language And …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
1 week, 3 days ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

No Fixed Parameters For Cruelty In Matrimonial Case, Rude Language And Ill-Treatment Wouldn't Per Se Constitute Legal Cruelty: Madras HC
1 week, 4 days ago

No Fixed Parameters For Cruelty In Matrimonial Case, Rude Language And Ill-Treatment Wouldn't Per Se Constitute Legal Cruelty: Madras HC

Live Law  

The Madras High Court recently highlighted that the concept of cruelty under matrimonial cases has undergone substantial change and there could not be any fixed parameters for determining what constitutes acts of cruelty. The high court also refused to interfere with the order of the Family Court allowing the petition filed by wife for restitution of conjugal rights. The court …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
1 week, 5 days 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 …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
1 week, 5 days 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. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa Paul held: The allegations in …

'Married women misusing laws': Supreme Court's big remark after Bengaluru techie dies by suicide
Trending News
1 week, 5 days ago

'Married women misusing laws': Supreme Court's big remark after Bengaluru techie dies by suicide

India TV News  

The Supreme Court on Wednesday expressed concern over the rampant use of cruelty law by married women to harass their husbands and in-laws for selfish interests. The concern from the Supreme Court came amid growing demands for justice for 34-year-old Bengaluru techie Atul Subhash, who died by suicide after accusing his former wife of filing false cases against him to …

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

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court
1 month ago

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court

Live Law  

The Calcutta High Court has quashed a case against a man's second wife, under various sections of the IPC including Section 498A, Section 494, 406 and Section 506, as well as under Sections 3/4 of the Dowry Prohibition Act by his first wife.Justice Shampa Paul quashed the charges and held: "Offence alleged under Section 494 of IPC is applicable to …

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
2 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

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

Wife Threatening To Commit Suicide, Filing False Dowry Harassment Case Would Amount To Mental Cruelty: Madras High Court
2 months, 3 weeks ago

Wife Threatening To Commit Suicide, Filing False Dowry Harassment Case Would Amount To Mental Cruelty: Madras High Court

Live Law  

Granting divorce to a husband, the Madras High Court recently observed that a wife threatening to commit suicide would amount to cruelty. The court also noted that the wife had filed false dowry harassment case against the husband and his family which had tarnished the family's image. The court thus noted that the wife had used the false dowry harassment …

Allahabad HC grants divorce to husband on grounds of cruelty by wife
3 months, 2 weeks ago

Allahabad HC grants divorce to husband on grounds of cruelty by wife

Hindustan Times  

The Lucknow bench of the Allahabad high court in a family matter has ruled that if a wife declines to cohabit with her husband and forces him to live in a separate room, her actions will amount to cruelty. The court said by doing so, the wife deprives her husband of his conjugal rights. After hearing the matter, the bench …

Termination of Pregnancy Without Husband’s Consent Amounts to Cruelty: Madhya Pradesh HC
3 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 …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
4 months, 2 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court
4 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
6 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
6 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 …

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court
6 months, 4 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
7 months, 3 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 …

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home
8 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 …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
11 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 …

Deprivation of Conjugal Relationship is An Act of Extreme Cruelty: Delhi High Court
11 months, 2 weeks 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 …

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage
11 months, 3 weeks ago

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

Live Law  

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act.In allowing the husband's plea for dissolution of marriage, a division bench of …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
11 months, 3 weeks 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, …

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 …

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court
1 year, 2 months ago

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court

Hindustan Times  

The Kerala High Court recently observed that punishments relating to cruelty to a married woman, under Indian Penal Code section 498A, cannot be applied to or invoked by women in live-in relationships. But, when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter …

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce
1 year, 2 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, …

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice
1 year, 3 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law  

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

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, 3 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 …

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court
1 year, 3 months ago

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court

Live Law  

The Delhi High Court has observed that making false allegations of dowry harassment or rape against the husband’s family members is an act of extreme cruelty for which there can be no condonation. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order which held a husband as entitled to divorce from …

No law gives right to husband to beat, torture wife: Delhi High Court
1 year, 3 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 …

Denying Sex to Spouse for Long Time Without Sufficient Reason Amounts to Mental Cruelty: HC
1 year, 6 months ago

Denying Sex to Spouse for Long Time Without Sufficient Reason Amounts to Mental Cruelty: HC

News 18  

Not allowing sexual intercourse to spouse for a long time without sufficient reason amounts to mental cruelty, the Allahabad High Court recently observed while allowing an appeal by a man against the dismissal of his divorce petition by the family court. The man sought a decree of divorce on the basis of mental cruelty, long desertion and the divorce agreement …

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
1 year, 7 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law  

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

Man can divorce wife if she tries to separate him from his parents: Calcutta HC
1 year, 8 months ago

Man can divorce wife if she tries to separate him from his parents: Calcutta HC

Hindustan Times  

The Calcutta High Court has ruled that a husband can file for divorce on the grounds of “mental cruelty” - if his wife “tries to forcefully separate him from his parents”. The court made the observation while hearing a woman's plea challenging a family court's decision to grant her husband divorce. Om March 31, a division bench of justices Soumen …

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 …

‘Intention to Harass Wife Must be Discouraged’: Calcutta HC Dismisses Husband's Case Transfer Plea
1 year, 11 months ago

‘Intention to Harass Wife Must be Discouraged’: Calcutta HC Dismisses Husband's Case Transfer Plea

News 18  

The Calcutta High Court recently dismissed a plea moved by a husband to transfer the case for maintenance filed by his wife. The single-judge bench noted that in his revision plea, the husband said the case filed by his wife may be transferred to any court, except Burdwan, where the wife was currently residing, which prima facie proved his ill-intention. …

Calcutta HC Refuses To Quash Case Against Judicial Magistrate Accused Of Raping Litigant On False Promise To Marry Her
2 years, 1 month ago

Calcutta HC Refuses To Quash Case Against Judicial Magistrate Accused Of Raping Litigant On False Promise To Marry Her

Live Law  

The Calcutta High Court on Monday refused to quash criminal proceedings initiated against a judicial officer accused of raping a litigant on a false promise to marry her. The matrimonial dispute of the complainant was pending before the petitioner herein, a member of the WB Judicial Service who held the post of Additional Chief Judicial Magistrate at the time, when …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 1 month 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 …

Cruelty against husbands under the Indian law
2 years, 1 month ago

Cruelty against husbands under the Indian law

Hindustan Times  

Recently, the Punjab and Haryana High Court allowed the divorce petition of a man alleging cruelty and desertion by his wife. However, Section 13 of the Hindu Marriage Act,1956 allows both the wife and the husband to seek a divorce by alleging that their spouse has subjected them to cruelty after marriage. Therefore, even though there is no specific punishment …

Calling husband 'womaniser', 'alcoholic' without proof is cruelty: Bombay HC
2 years, 1 month 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 …

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court
2 years, 4 months ago

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that merely because an accused is found guilty under Section 498A of the IPC, does not imply that he must also be held guilty of abetting his wife's suicide under Section 306 IPC. The Court was adjudicating upon an appeal moved by the husband and mother-in-law of a deceased woman, challenging their conviction …

'Husband Treating Wife as 'Cash Cow' Amounts to Cruelty,' Says Karnataka HC
2 years, 5 months ago

'Husband Treating Wife as 'Cash Cow' Amounts to Cruelty,' Says Karnataka HC

News 18  

The Karnataka High Court granted divorce to a couple after it found that the husband had treated the wife like a ‘cash cow.’ In its recent judgment, a division bench of Justices Alok Aradhe and J M Khazi held that a husband treating his wife as a ‘cash cow’ amounts to cruelty. The attitude of the respondent in itself has …

Wife Levelling Unsubstantiated Allegations Of Husband Being Impotent Amounts To Cruelty: Karnataka High Court
2 years, 6 months ago

Wife Levelling Unsubstantiated Allegations Of Husband Being Impotent Amounts To Cruelty: Karnataka High Court

Live Law  

The Karnataka High Court has held that a wife calling her husband an impotent without legally substantiating the same by itself would amount to cruelty within the meaning of Section 13 of the Hindu Marriage Act. Hemalekha, while setting aside the family court judgment which had dismissed the petition filed by the husband seeking divorce, said, "The allegations having not …

Bombay High Court denies relief to husband, in-laws accused of cruelty by wife
2 years, 6 months ago

Bombay High Court denies relief to husband, in-laws accused of cruelty by wife

India Today  

The Nagpur bench of Bombay High Court has refused to grant any relief to husband and in-laws of a woman who was subjected to cruelty at home. The bench of Justices SB Shukre and GA Sanap said, "It is well settled law that the allegations made by the witnesses against the accused persons are to be scrutinised on their face …

'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 …

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage
2 years, 9 months 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. …

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