HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Pepsico Potato chips battle; Right of convict to procreate; Manual scavengers; and more
A quick legal roundup to cover important stories from all High Courts this week.
Cruelty
Allegations of extra marital relationship constitutes grave assault on reputation of spouse, thus amounts to worst form of cruelty: Himachal Pradesh HC upholds divorce
“Needless to say, matrimonial matters are matters of delicate human and emotional relationship and to maintain such relationship for a long, there is requirement of mutual trust, regard, respect, love and affection.”
Can removal of Uterus due to ovarian cancer amount to cruelty to husband for grant of divorce? Madras HC answers
Madras High Court held that the period of treatment the wife has taken from the parental home cannot be termed as desertion.
‘Husband has not treated both wives equally as required under Islamic Law’; Madras HC upholds Family Court’s judgment granting dissolution of marriage
“Under the Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wives equally”
Unilateral withdrawal from attempted divorce settlement can cause disquiet and uncertainty in husband’s mind, thus amounts to cruelty: Delhi High Court upholds divorce
“It is evident that the fight inter se the parties was not on any justifiable grounds, but was a war between the egos prompted by the desire to wreak vengeance against the spouse.”
Publicly harassing, alleging infidelity and portraying husband as womaniser in his office is an act of extreme cruelty: Delhi High Court upholds divorce
“Any successful marriage is built on mutual respect and faith. If either is compromised beyond a level, the end of the relationship is inevitable as no relationship can stand on half-truth, half-lies, half-respect and half-faith.”
Incentive cannot be given to promote societies’ mindset for light skin preference: Chhattisgarh High Court dismisses divorce appeal by husband
“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”
If small disputes in marriage are recognised as cruelty, many marriages may be at risk of being dissolved without any real cruelty: Allahabad HC grants decree of judicial separation
“In absence of any proceedings for restitution of conjugal rights by either party, the court below ought to have granted a decree for judicial separation by way of alternative relief”
Request for money by husband to arrange job with promise to repay does not amount to ‘dowry’ u/s 2 of the Dowry Prohibition Act: Orissa HC
“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”
Dowry Death by Suicide| Subjecting a woman to a life akin to a slave merely because of her marital status is an egregious injustice: Delhi High Court
The case at hand presents a tragedy, wherein the continuous demands of dowry made by the appellant pushed the deceased into a despair so profound that she felt compelled to take her own life. This serves as a reminder of how the forces of greed can often eclipse the sanctity of human life and the bonds of matrimony.
Making unsubstantiated allegations and waging legal war against husband and his family member amounts to extreme cruelty: Delhi High Court sets aside divorce decree
“Additionally, the attempted mediation settlement was also violated by the wife, who only wanted to enjoy the monetary benefits arising out of the settlement but never wanted to fulfil her end of the bargain”
Wife expressing doubt towards her husband for frequently coming late at night does not constitute cruelty: Chhattisgarh High Court sets aside divorce decree
“It cannot be stated that the allegations attributed to the husband were completely wrong, but the facts would reveal that the allegations were made on account of the abnormal unexplained behaviour of the husband.”
Wife’s resistance to stay apart from husband does not constitute cruelty; Chhattisgarh High Court sets aside divorce decree
“It is well settled that in the matrimonial house, the wife should not be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.”
Court has wide discretion to interpret ‘What is cruelty’, literally and contextually: Calcutta High Court upholds divorce on ground of ‘Cruelty’
With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.
False and frivolous allegations against spouse without any evidence amounts to cruelty: Delhi High Court upholds divorce
“In the Indian context where the husband has chosen to be in a joint family with his parents, he cannot be forced to separate from the first day of his marriage merely on the whims of his wife.”
Marriage cannot be revived, retaining such a marriage itself a cruelty: Kerala High Court grants divorce
Kerala High Court had also requested the parties to think about reconciliation, but that did not work out.
Family Court cannot grant divorce on the ground of irretrievable breakdown of marriage: Delhi High Court
“Family Courts must restrict their considerations to the parameters of the provision of grant of divorce strictly in accordance with the Hindu Marriage Act, 1955 (‘Act’). Irretrievable breakdown of marriage is not a ground in the Act.”
Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act
“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”
HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Teacher-Recruitment scam; Omar Abdullah; Senthil Balaji; Live-in Relationships; and more
A quick legal roundup to cover important stories from all High Courts this week.
Complaints which are not substantiated by evidence, and remain unproved are acts of cruelty: Delhi High Court upholds the divorce decree
“Thus, while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents.”