2025 SCC Vol. 2 Part 2
Arbitration and Conciliation Act, 1996 — S. 11(6) — Limited scope of jurisdiction of Court
Hindu Marriage Act
Sacred duty of husband or father to maintain wife and children: Allahabad HC upholds Family Court’s pendente lite maintenance order
“The object of Section 24 of the Hindu Marriages Act in providing maintenance to a party in matrimonial proceedings is obviously to provide financial assistance to the spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of funds.”
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.
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.”
Minor girl’s marriage to adult constitutes mental and physical Cruelty, a ground for divorce under Section 13 of Hindu Marriage Act: MP High Court
The Court declared the marriage as null and void on the grounds of mental and physical cruelty as the wife, being a minor, was not ready to perform the marital obligations
Certificates issued by Arya Samaj and Registrar are not sole proof of a valid Hindu marriage without customary rites and ceremonies: Allahabad HC
Allahabad High Court opined that marriage between the appellant and respondent as per Hindu rites and customs in terms of Section 7 of the HMA 1955 itself is not proved and the Trial Court has gravely erred in not considering this aspect of the matter which was implicit in the issues framed by it.
Gauhati HC holds bar to remarriage not applicable in case of delay in filing appeal against divorce decree
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.
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.”
‘Counterclaim akin to a cross-suit, can proceed independently’: Allahabad HC allows counterclaim to proceed after withdrawal of main suit
“Insofar as Rule 6-D of Order VIII C.P.C., it clearly provides for “Effect of discontinuance of suit” that if in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.”
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.”
Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC
“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”
Adultery is a ground for divorce, and not a ground for refusal to grant child custody: Bombay HC
The Court, relying on several precedents, held that despite the proof of allegations regarding the wife’s extramarital affairs, custody of minor children can be granted to the wife.
[S. 311 CrPC] Discrepancies in examination and cross examination no ground to recall witnesses: Allahabad HC
“Hindu Marriage Act, 1955 merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage”
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.
Husband put on higher degree than wife is unacceptable; Calcutta High Court grants restitution of conjugal rights to wife
“It is a collective duty of both husband and wife to wither the trivial issues which are normal in a matrimonial life and mutual respect to the decision of each other appears to be the hallmark of the society. Even the Constitution recognises equality in gender and, therefore, the husband to be put on higher degree than that of the wife is unacceptable.”
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.
Mere acquittal in a cruelty case filed by wife, cannot be a ground to grant divorce to husband: Delhi High Court
“While human emotions know no bounds and rules, but definitely human sensibilities emanating from mind shall have prevailed for an educated person like appellant to have reigned his affections for third person, with scant regard for respondent who reposed complete faith by entering into vows of 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.