Husband’s conviction for murder constitutes mental cruelty; wife entitled to divorce: MP High Court
“No wife can live in the matrimonial relationship with the person who is so short-tampered and impulsive turned criminal.”
divorce
[Section 125 CrPC] Able bodied husband who can support himself is obligated to support his wife: Gauhati High Court
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.
Cruelty and Desertion mutually exclusive; Once cruelty is proved, divorce should be granted irrespective of proof of desertion: Allahabad HC
“The embittered relationship between the husband and wife has not witnessed any moment of peace for the last more than a decade or more, and it is a marital relationship only on paper. The fact is that this relationship has broken down irretrievably long back.”
Mutual agreement on separation without court intervention holds no legal weight in divorce matters for non-Muslim parties: MP High Court
MP High Court held that any agreement restricting a party from pursuing legal proceedings is void, thereby, rendering respondent’s undertaking not to take legal action against the applicants invalid.
Marriage Certificate a valid proof of Hindu marriage only when marriage ceremony has been performed as per S. 7 of Hindu Marriage Act: Supreme Court
“A marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter. A marriage is not a commercial transaction.”
Delhi High Court | Allegations of unchastity and indecent familiarity with a person outside wedlock amounts cruelty
Marriage is a relationship which flourishes when nurtured with absolute trust and compassion but whittles down when sprinkled with accusations on character, fidelity and chastity of the spouse and becomes beyond redemption when the devastating effects of this one-sided barrage of accusations is topped with rejection of paternity and legitimacy of the innocent children, by their own father.
Making derogatory complaints to spouse’s employer with intent to harm professional reputation amounts to cruelty: Delhi High Court
Making derogatory complaints against spouse demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints are made after parties had separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end.
Supreme Court invokes power under Article 142 of the Constitution to grant mutual consent divorce
Supreme Court directed the parties to withdraw all the cases pending between them.
Supreme Court allows husband’s plea for Potency Test on wife’s claim of his impotency
Supreme Court said that as the husband is willing to undergo potency test, the High Court should have upheld the order of the Trial Court to that extent
Wife leaving matrimonial home, from time to time, without any fault on husband’s part, is mental cruelty: Delhi HC grants divorce to husband
The Family Judge has erred in analyzing the life of the parties by taking a myopic view and by considering each incident as an independent window, when in fact it is the journey of the parties through their matrimonial life, which is determinative of their compatibility, progressiveness, and growth.
Family Court duly empowered to consider application for divorce via Mubarat agreement under Dissolution of Muslim Marriages Act: Karnataka HC
The High Court noted that Divorce via Mubarat i.e. Mutual Consent, is an accepted form of Divorce under Muslim Personal Law and there is no impediment for Family Courts to recognise the same and declaring the status of the parties.
Delhi High Court grants divorce to MasterChef Kunal Kapur on grounds of cruelty by wife
When such is the nature of one spouse towards the other, it brings disgrace to the very essence of marriage and there exist no possible reason as to why he should be compelled to live while enduring the agony of living together.
Bombay High Court upholds grant of Rs 3 Crore compensation in domestic violence case
The High Court while upholding the quantum of compensation, agreed with the observation of the Trial Court that at the age of 55 years, the wife had lost her prospects vis-à-vis her personal life after being subjected to domestic violence from 1994-2008.
Wife openly humiliating husband, calling him impotent in front of family members amounts to mental cruelty: Delhi HC grants divorce to husband
A wife’s withdrawal from matrimonial relationship unilaterally without any reason thereby depriving husband of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty.
Forcing wife to do household chores when her health does not permit, amounts to cruelty: Delhi High Court
The allegations which assassinate the character of the spouse amounts to the highest level of cruelty, which no doubt shall shake the foundation of their marriage.
Temporary separation gives sense of insecurity in spouse’s mind; Delhi HC grants divorce to husband whose wife keeps returning to parental home
“To nurture the matrimonial bond, it is of high significance that parties live together and avoid leaving each other’s company frequently.”
A bad husband is not necessarily a bad father; Delhi High Court grants divorce to husband on grounds of cruelty by wife
Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.
“Taking care of children is not taking care of mere existence”; Karnataka HC declares wife to be entitled to maintenance of Rs 36,000 per month instead of Rs 18,000
The High Court opined that taking care of children is shrouded by countless responsibilities and necessary expenditure from time to time and the husband cannot preposterously contend that the wife is lazing around and not earning money to take care of the children.
Legal Expatiate | 7 Day Online Certificate Course on Art of Contesting Divorce, 498A and Domestic Violence Matters [Enroll by 6th March, 2024]
This Course will enable you to learn the litigation field from practical aspect. It will upgrade your drafting and pleading skills of
Beyond Traditional Grounds under Hindu Law: Supreme Court’s Power to Grant Divorce on the Ground of Irretrievable Breakdown of Marriage
by Bijal Ajinkya†, Sachin Bhandawat†† and Vatsal Singh†††
Cite as: 2024 SCC OnLine Blog Exp 19