cruelty as a ground for divorce
Case BriefsSupreme Court

Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.

article 142 of indian constitution
Case BriefsSupreme CourtSupreme Court (Constitution/Larger Benches)

Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court

same-sex marriage
Case BriefsSupreme CourtSupreme Court (Constitution/Larger Benches)

Petitioner contended that they were entitled to the Fundamental Right to marry which was entrenched in the Constitution which includes the choice of a marital partner. Neither the State nor Society could intrude into the domain of individual right to pursue a way of life which were central to their identity and autonomy.

Karnataka High Court
Case BriefsHigh Courts

There is no straight-jacket formula when considering the term “cruelty” and it depends upon the established pleadings and evidence on record and the inference has to be drawn from the attending facts and circumstances taken cumulatively