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 the family court passed the ex-parte decree after the wife refused to accept several court summons. The Family Court Judge noted that a case was made out for divorce and, accordingly, on 17 December 2007, the decree of divorce was granted. Despite this, when the Family Court issued numerous summons to her between June 2007 to December 2007 she did not attend on even a single date and her husband's petition came to be allowed.

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History of this topic

Denial of right to education as a ground for divorce
2 days, 7 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, …

Falsely Labelling Police Constable Husband As A Terrorist Cannot Be Ignored, Caused Severe Mental Torture: Madras High Court Grants Divorce
1 week 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
1 week, 5 days 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
1 week, 6 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
2 weeks, 6 days 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 …

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered
1 month ago

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered

Live Law  

The Jammu & Kashmir High Court directed practitioners/litigants to refrain from using the expression “divorcee” against the name of women in any petitions or applications in court proceedings. The Court also dismissed the review petition filed by the Petitioner, stating that the same was misconceived and that the order passed by the trial court did not suffer from any infirmity. …

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
1 month, 1 week ago

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise

Live Law  

The Supreme Court recently dismissed a cheating case against the parents for facilitating the marriage of their son to another woman instead of the complainant. The Court also disapproved of the High Court's observation against the appellants' son, which suggested that quashing the case against his parents would enable him to exploit women of marriageable age in a similar manner. …

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

Supreme Court quashes conviction for rape, kidnapping accused noting he married victim, have 4 children
Trending News
1 month, 2 weeks ago

Supreme Court quashes conviction for rape, kidnapping accused noting he married victim, have 4 children

Live Mint  

The Supreme Court on Wednesday quashed the sentence of the present accused-appellant for rape and kidnapping charges after the bench noted he married the complainant and they have four children, reported the LiveLaw. After hearing the case, the bench of Justices B.V Nagarathna and Satish Chandra Sharma observed that Article 142 of the Constitution confers special power to pass necessary …

Family Law: All India Annual Digest 2024
1 month, 3 weeks 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 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 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 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 …

High Court upholds divorce over woman's false case to change husband's behaviour
2 months, 1 week 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, 1 week 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, 1 week 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, 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 …

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

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

Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC
2 months, 3 weeks ago

Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC

Live Law  

Justice K. Sujana while referring to Andhra Pradesh High Court's decision in Duvvuri Rami Reddi Vs Duvvudu Papi Reddy and others, which lays down certain principles to be followed while declaring a person of unsound mind, said: The Telangana High Court has underscored that courts must proceed with utmost caution in matters involving persons of unsound mind so that their …

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

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
2 months, 3 weeks 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 …

Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington
2 months, 3 weeks ago

Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington

The Hindu  

The Madras High Court has restrained an American citizen from proceeding with a divorce case filed by her before the King County Superior Court in Washington, United States, and also from initiating any kind of legal proceedings related to her marriage before the courts in Singapore. The alleged adulterer was also made one of the respondents to the divorce petition …

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 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 …

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

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months, 1 week 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, 1 week 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
3 months, 1 week 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 …

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

Cruelty law being misused for personal vendetta against husband: Supreme Court
3 months, 1 week ago

Cruelty law being misused for personal vendetta against husband: Supreme Court

India Today  

The Supreme Court has warned against the misuse of the law in marital dispute cases lodged by women against their husbands and families, saying that it cannot be used as a "tool to unleash personal vendetta". The court said the introduction of Section 498 was aimed at stopping cruelty inflicted on a woman by her husband and his family, by …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 2 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles
3 months, 2 weeks ago

Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles

Live Law  

While considering a wife's plea against a family court's verdict which refused to grant her divorce, the Gujarat High Court underscored that in adjudicating family dispute cases including Child Custody and Maintenance, family courts must deal with them with sensitivity with the welfare of those affected being the focus. The high court was considering the wife's appeal against the decision …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 months, 3 weeks ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court
3 months, 3 weeks 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. 13 (1) (iii) HMA | Spouse's 'Schizophrenia' Alone Not Sufficient For Divorce, Requisite Degree Of Mental Disorder Must Be Proved: Allahabad HC
4 months, 1 week ago

S. 13 (1) (iii) HMA | Spouse's 'Schizophrenia' Alone Not Sufficient For Divorce, Requisite Degree Of Mental Disorder Must Be Proved: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that the ground of a spouse suffering from schizophrenia, by itself, is not sufficient for the grant of a decree of divorce under Section 13 of the Hindu Marriage Act 1955 as it must be proven that the 'mental disorder' if of such a kind and degree that a spouse cannot reasonably be …

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court
4 months, 1 week ago

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Live Law  

Quashing a 20-year-old order convicting a man and his family for cruelty towards his deceased wife, the Aurangabad bench of the Bombay High Court said that the allegations of taunting the deceased, not allowing her to watch TV, not allowing her to go alone to the temple and making her sleep on a carpet would not constitute the offence of …

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
5 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
5 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
5 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 …

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus
5 months, 3 weeks ago

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus

Live Law  

The Madras High Court has directed the Family Court in Chennai to number a petition filed by a wife for restitution of conjugal rights without insisting on evidence that she and her husband are Hindus. Justice V Lakshminarayanan noted that though the husband had filed a divorce petition claiming that the couples were Christians while the wife had filed the …

No Error In Calling For Expert Opinion On Wife's Mental Health At Stage Of Evidence: Allahabad High Court Upholds Trial Court Order
6 months, 1 week ago

No Error In Calling For Expert Opinion On Wife's Mental Health At Stage Of Evidence: Allahabad High Court Upholds Trial Court Order

Live Law  

Recently, the Allahabad High Court upheld the order of the Trial Court calling for expert opinion on the wife's mental health at the stage of evidence in divorce proceedings. Appellant-wife approached the High Court challenging the order of the Principal Judge, Family Court, Hathras allowing respondent-husband's application for her medical examination in divorce proceedings instituted by the husband. Accordingly, the …

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 …

Family Court Refused To Sever Ties Between Parties Living Separately For A Decade, Showed Disregard For Their Feelings & Emotions: Allahabad HC
6 months, 2 weeks ago

Family Court Refused To Sever Ties Between Parties Living Separately For A Decade, Showed Disregard For Their Feelings & Emotions: Allahabad HC

Live Law  

The Allahabad High Court has held that where there is long period of separation, a decade in this case, the Family Court cannot refuse to grant decree of divorce and disregard the emotions and feelings of the parties who are no longer affectionate towards each. The bench comprising of Justice Rajan Roy Singh and Justice Subhash Vidyarthi held “By refusing …

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