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“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.”
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.
“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.”
“To nurture the matrimonial bond, it is of high significance that parties live together and avoid leaving each other’s company frequently.”
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.
by Bijal Ajinkya†, Sachin Bhandawat†† and Vatsal Singh†††
Cite as: 2024 SCC OnLine Blog Exp 19
“The petitioner submitted that the Trial Court erred in allowing the petition even without filing the statement of assets and liabilities and the respondent herself deserted the petitioner and yet, sought maintenance, therefore, she is not entitled to claim any interim maintenance.”
“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”
Madras High Court said that the wife was always ready and willing to live with the husband along with two children. It is the husband, who is running away from the matrimonial home without discharging his duty and responsibility as a husband.
Madras High Court held that the period of treatment the wife has taken from the parental home cannot be termed as desertion.
“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.”
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“The spouse having reasonable capacity of earning but chooses to remain unemployed without indicating sincere efforts to gain employment, should not be permitted to saddle other party with one sided responsibility of meeting out expenses.”
“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”
The impugned order held that the fathers of the parties were real brothers and so, the marriage between the parties fell within the meaning of sub-clause (f) of Section 3 of Hindu Marriage Act, which defines the terms of degrees of prohibited relationships.
“Section 24 of the Hindu Marriage Act, 1955 is not meant to create an Army of idle people waiting for a dole to be awarded by the other spouse.”
Supreme Court said that while acting as counsel or advocates or in their capacity as advocates, the advocates cannot undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.
“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.”
“Scrupulous adherence to Order VII Rule 11 of Civil Procedure Code, 1908 can curtail litigation like the present one, which aside from clogging the litigation also keeps the parties embroiled in litigation with a false hope of some relief.”