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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.
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.
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.
“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”
“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”
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.
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.
“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 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.
“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.”
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.
“There was sufficient evidence to prove the ground of cruelty pleaded by the husband for grant of a decree of divorce”
“The Court said the Family Court judge was correct in holding that divorce petition could not be rejected merely because a part of the cause of action was not viable in law if the Court otherwise had jurisdiction to entertain the action, and therefore, the application under Order 7 Rule 11 was not sustainable.”
“Marriage should be a union based on mutual respect, love, and understanding. When one spouse seeks freedom from a relationship that has become a source of distress, denying this request only perpetuates suffering and contradicts the very essence of a marital bond”
In the instant case, the Court had to consider whether maintenance proceedings under S. 488 of CrPC before Trial Court can be quashed on the ground of husband’s pleading that he had already divorced his wife.
“Only where one of the parties is seen to have voluntarily deserted the other and parties have continued in that status for a long period of time, then in view of other attending circumstances indicating there was no substance in the marriage, a conclusion may be reached that the marriage had been irretrievably broken down”
Gauhati High Court holds statutory bar to remarry u/s 15 HMA cannot be extended by filing application seeking condonation of delay to challenge the divorce decree.
“In matrimonial proceedings, the convenience of the wife has to be considered than inconvenience of the husband. There are grounds to consider the request of the petitioner to transfer the petition.”
“No wife can live in the matrimonial relationship with the person who is so short-tampered and impulsive turned criminal.”
A fascicular reading of Sections 125(1) and 125(4) of the Criminal Procedure Code, 1973 clearly demonstrates that if husband wilfully and intentionally neglects to provide maintenance to his wife then she can approach before the court seeking maintenance.