HIGH COURT MARCH 2025 WEEKLY ROUNDUP | Stories on Lawrence Bishnoi Gang; Corruption case against Judges; Jagjit Singh Dallewal; and more
A quick legal roundup to cover important stories from all High Courts this week.
divorce
‘Wife watching porn privately, engaging in self-pleasure do not constitute cruelty to husband’; Madras HC denies divorce to husband
“Self-pleasure is not a forbidden fruit, its indulgence shall not lead to a precipitous fall from the Eden Garden of marriage. After marriage, a woman becomes a spouse, but she continues to retain her individuality. Her fundamental identity as an individual, as a woman, is not subsumed by her spousal status”.
Bombay HC waives statutory cooling-off period for divorce of Yuzvendra Chahal & Dhanashree Verma; Directs Family Court to decide divorce plea by 20th March
As far as the conciliation efforts were concerned, the Court noted that all efforts of mediation/ conciliation to reunite the parties had failed.
Spouse indulging in vulgar conversation with opposite gender, despite objections, amounts to Mental Cruelty: MP High Court
“No husband will tolerate that his wife is in undignified or indecent conversation through mobile by way of vulgar chatting.”
Compelling wife to discontinue her studies is equivalent to destroying her dreams & amounts to Mental Cruelty: MP High Court
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”
“Necessity for gender-neutral society”; Karnataka HC dismisses plea to transfer divorce petition on account of husband’s greater inconvenience
“Women are the primary victims in most situations, but that does not mean that men are not affected by the cruelty of women. Therefore, there is necessity for a gender-neutral society”.
Wife filing false case under S.498-A IPC to correct husband’s behaviour amounts to cruelty: Bombay HC
Once the mind of a spouse is corrupted to resort to a false prosecution against a spouse, it is certain that the spouse has lost all reasonableness and rationality to maintain solemnity of the marriage.
Allahabad HC dissolves 35-year-old marriage over wife’s refusal to cohabit and abandonment of husband for over 23 years
“Differences of perception towards life may give rise to different behaviours by individuals. Such a difference of perception and behaviour may be described as cruel by others by observing the behaviour of another. At the same time, such perceptions are neither absolute nor such as may themselves give rise to allegations of cruelty unless observed and proven facts are such as may be recognized in law to be acts of cruelty.”
Supreme Court calls for consistent approach in seeking and granting alimony regardless of spousal wealth; criticises trend of seeking alimony as means to equalise wealth
The wife claimed that her husband’s net worth is Rs 5000 crores, but the Court decided to grant permanent alimony of Rs. 12 crores noting that the wife in the instant case has sought equalisation of status not just with the husband but also with his ex-wife and opined that this cannot be an acceptable approach.
Husband forcing wife to quit job & live as per his wish and style amounts to cruelty: Madhya Pradesh High Court
The wife was appointed as Assistant Manager in LIC Housing Finance Ltd., and at time the respondent was doing nothing, this was the reason why husband compelled the appellant to leave the job and stay with him.
“Wife entitled to maintain matrimonial home lifestyle during pendency of divorce petition”; SC directs husband to pay Rs.1,75,000 monthly interim maintenance
The wife claimed that she has a M.Sc. degree in Clothing and Textile but was forced to leave her job as her husband was against her working.
Allahabad HC grants divorce to couple living separately for over a decade; Cites continuous mental cruelty by wife
“The marriage between the parties becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties”
Judgment in appeal is non-est when no appeal provision exists in law: Kerala High Court
“When an application is filed under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Magistrate is expected to consider and pass an order as provided under Section 3(3) of the Act. There is no provision in the Statute enabling the party aggrieved by that order to prefer an appeal”
Repeatedly demeaning husband’s religious beliefs, insulting his gods and humiliating him amounts to mental cruelty: Chhattisgarh High Court upholds divorce
In Hinduism, the wife is regarded as the “Sahadharmini”, meaning she shares in the spiritual duties and righteousness alongside her husband. This concept underscores the wife’s essential role in fulfilling religious obligations, particularly in the performance of rituals, where her presence is indispensable.
Husband’s second marriage causes emotional distress, amounting to cruelty; Madras High Court upholds compensation to Muslim wife
Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.
False criminal prosecution by wife against husband and his family amounts to cruelty: Allahabad High Court
“For the act of cruelty committed, once arrest of parents of a spouse is caused on false allegations or allegations found to be false during a criminal trial, no further or strict proof of cruelty may be prescribed or applied by Courts.”
Allahabad High Court upholds Family Court’s order calling for expert opinion on wife’s mental health at stage of evidence in divorce proceedings
Allahabad High Court directed for constitution of a team of doctors by the CMO within a period of one week from the date of certified copy of this order is served on the said authority.
‘Intention is not a necessary element in cruelty’: Allahabad HC grants divorce to husband on grounds of cruelty and desertion
“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. Marriage between the parties has become a fiction, though supported by a legal tie.”
‘Husband never attempted to establish that wife was incurably of unsound mind’; Allahabad HC dismisses husband’s divorce plea
While the husband and his witnesses made statements stating that the wife had been prescribed medicines for her mental ill health, however, they did not demonstrate the nature of her illness, or the extent of affliction suffered by her.
Wife declining to cohabit with husband by forcing him to live in separate room, amounts to both physical and mental cruelty: Allahabad High Court
“There was sufficient evidence to prove the ground of cruelty pleaded by the husband for grant of a decree of divorce”