MUMBAI
November 21, 2013 |
MUMBAI:
A 37-year-old Dadar-based businessman was granted divorce on
grounds of "cruelty" as his wife stole and hypothecated almost 200gm of
his family's gold jewellery. A city court observed that her conduct
had caused damage to the trust factor in the relationship. "Love, faith
and trust are the founding pillars for strengthening marital relations,"
it said. "The respondent (wife) had taken away the gold ornaments
without permission of the petitioner (husband) and...
CHENNAI
June 2, 2012 |
CHENNAI:
Distress and social humiliation heaped on a husband by his wife by
filing a false complaint and getting him arrested would amount to
cruelty, which is a valid ground for divorce, the Madras high court has
said. A division bench comprising Justice Elipe Dharma Rao and
Justice M Venugopal, passing orders on an appeal filed by a man, said:
"The mental cruelty will continue to hurt a person throughout and any
amount of healing words or healing touch would not wipe out...
November 19, 2013 |
MUMBAI:
Accusing a man of having illicit relations with his sister and
sister-in-law is mental cruelty and grounds for divorce, ruled the
Bombay high court. A division bench of Justice Abhay Oka and Justice
Revati Dere held that the woman had made it impossible for her
estranged husband to live with her and conformed the divorce granted to
the couple, who are now grandparents. Mulund residents Rajesh and Shanti
Shah...
INDIA
February 23, 2013 |
NEW
DELHI: In a first, the Supreme Court on Friday permitted settling of
cases under Section 498A of IPC lodged by a woman against her husband
and in-laws for alleged cruelty in her matrimonial home. Though it
was enacted to protect women from harassment and cruelty, there has been
judicial recognition of the fact that on several occasions, false
complaints under Section 498A were filed to teach the husband and his
relatives a lesson as these cases were...
BANGALORE
December 21, 2013 |
Bangalore:
In an interesting case, the Karnataka high court has passed an order
dissolving the marriage of a film producer citing that he has
sufficiently proved the cruelty meted out to him by his wife, who was
one upon a time was his 'dream girl '. "The making of unreasonable
and unjustifiable demand for a separate house and a sum of Rs 20,00,000
in lump and Rs 20,000 as maintenance per month, the lodging of
complaints on...
BANGALORE
December 14, 2013 |
BANGALORE:
In an interesting case, the Karnataka high court has passed an order
dissolving the marriage of a film producer citing that he has
sufficiently proved the cruelty meted out to him by his wife. "The
making of unreasonable and unjustifiable demand for a separate house and
a sum of Rs 20,00,000 in lump and Rs 20,000 as maintenance per month,
the lodging of complaints on important dates, the dates or the previous
day, on which the younger brothers of her husabnd...
DELHI
October 14, 2013 |
NEW
DELHI: Holding that physical intimacy is an essential aspect of
marriage, the Delhi high court has said that a wife's continuous refusal
to have such a relationship with her husband can be ground for divorce.
Dismissing a woman's plea challenging the family court's decree of
divorce to her husband, a bench of justices S Ravindra Bhat and
Najmi Waziri upheld the lower court's February findings in favour of the
husband. Taking note that though the couple started living together
again...
INDIA
March 29, 2007 |
NEW
DELHI: In a path-breaking decision, Supreme Court has defined what
connotes 'mental cruelty' ? the ground that has been frequently cited as
the reason for those seeking divorce but which had so far lacked a
precise definition. The court on Monday laid down
elaborate criteria of what would constitute "mental cruelty". However,
it said that the behaviour patterns so mentioned must persist over a
period of time to warrant the conclusion that the marriage between the
parties had...
MUMBAI
November 5, 2008 |
MUMBAI:
Getting a divorce is usually a messy job, especially if it is a
contested affair. The commonly cited grounds are mental
cruelty, because of the wide sweep of the definition as upheld even by
the Supreme Court. In a landmark judgment in recent times, the apex
court had held that mental cruelty can cover acts such as a wife not
cooking for her husband or consenting to sexual intercourse, but such
acts of rebellion must be on a regular basis and not one-off.
But can a...
KOCHI
January 8, 2013 |
KOCHI:
On Monday, justices Pius C Kuriakose and C K Abdul Rehim of the Kerala
high court made the significant ruling that a man's refusal to have
children amounted to cruelty and was sufficient cause for granting
divorce to his wife. The Thiruvananthapuram family court had granted
divorce to Florence George but had refused to concede the larger
underlying crime. In her petition to the family court, Florence had
stated, "The petitioner (Florence) is very much fond of children and
expressed desire to become a mother.
CHENNAI
November 23, 2012 |
CHENNAI:
Levelling false allegations and filing false cases against a spouse is
indeed cruelty and a valid ground for divorce, the Madras high court has
said. Justice S Vimala, reiterating this established legal
position, passed an order to this effect last week in a case where a
woman had accused her husband of extramarital affair, suspecting her
character, demanding dowry and subjecting her to cruelty. During
cross-examination in a trial court, however, the woman admitted that the
allegations were false.
CHENNAI
November 22, 2012 |
CHENNAI:
Levelling false charges and filing false charges against a spouse is
indeed cruelty and it is a valid ground for divorce, the Madras high
court has said. Justice S Vimala, reiterating this established legal
position, passed an order this effect in a case wherein the wife had
accused the husband of extra-marital affair, of suspecting her
character, of demanding dowry and of subjecting her to cruelty. During
cross-examination in a trial court, however, the wife admitted that the
allegations were false.
INDIA
July 6, 2012 |
NEW
DELHI: The Supreme Court termed an advertisement inserted in a
newspaper by an estranged wife accusing her husband of being a womanizer
and drunkard as an act inflicting extreme mental cruelty on him and
granted him divorce to end the 33-year-old marriage which had gone sour
for the last 16 years. Shocked by the woman's conduct in
inflicting trauma on the husband and tarnishing his reputation, a bench
of Justices Deepak Verma and Dipak Misra said it was a fit case for
grant of divorce for causing mental cruelty and reversed two concurrent
judgments of Bombay high court which had refused the husband's plea for
permanent separation on the ground that his marriage had broken down
irrevocably.
INDIA
March 25, 2012 |
NEW
DELHI: Sex-starved marriages leading to divorce are becoming an
"epidemic", the Delhi high court has observed, while granting divorce to
a husband, maintaining that denial of sex by his wife amounted to
mental cruelty. The man argued that in the five months he and his
wife stayed as a couple after marriage, they had sex only 10-15 times.
Dismissing the wife's plea against divorce, Justice Kailash Gambhir
noted in his order earlier this week: "Although it is difficult to
exactly lay down as to how many times any healthy couple should have
sexual intercourse in a particular period of time as it is not a
mechanical but a mutual act, there cannot be any two ways about the fact
that marriage without sex will be an insipid relation.
MUMBAI
October 26, 2011 |
MUMBAI:
The Bombay high court has granted divorce to a man who was subjected to
barbs about infidelity by his wife due to his late working hours. "The
(unsubstantiated) allegations are certainly serious and the husband is
bound to undergo mental pain, agony and suffering," said a division
bench of Justice A M Khanwilkar and Justice R Y Ganoo while dissolving
the couple's 24-year-old marriage on grounds of cruelty. "We are
inclined to observe that the unsubstantiated allegations levelled by the
wife in the written statement as well as in her evidence and also
evidence of her father amounted to mental cruelty as the wife has failed
to prove those allegations by examining appropriate witnesses ," said
the judges.
MUMBAI
July 17, 2011 |
MUMBAI:
A sessions court on Saturday granted bail to film producer Gaurang
Doshi, convicted on charges of cruelty to his wife. The bail was granted
on a surety of Rs 1 lakh. Doshi's estranged wife Madhuri had accused
him and his parents of torturing her physically and mentally for when
she resisted dowry demands. On July 5, Doshi, producer of
the 2002 Amitabh Bachchan-starrer Aankhen, was sentenced to three years'
imprisonment under Section 498A of the Indian Penal Code.
DELHI
March 25, 2011 |
NEW
DELHI: A husband, who cited denial of sex as one of the grounds for
seeking divorce, has been granted separation by the Delhi High Court
. Justice Kailash Gambhir took note of the fact that the
wife left the husband in 2005 and "did not return to fulfill any of her
matrimonial obligations" while allowing a decree for separation filed by
the husband Rampal (name changed). "Had there been any
intention of the wife to resume cohabitation with the husband then at
least she would have come forward to contest the divorce petition...
DELHI
February 12, 2011 |
NEW
DELHI: In a bizarre case of incompatibility of a couple, a man had
moved a trial court seeking divorce on the ground that he was
upset over the fact that his wife used to wear short clothes though he
disapproved of it. Married in 2007, the couple started having fights
soon after they went for their honeymoon . Additional Sessions
Judge Manmohan Sharma finally put an end to the couple's agony by
granting them a divorce on the ground of...
INDIA
September 16, 2010 |
NEW
DELHI: The other woman in a husband's life could universally be the
major source of marital discord but the wife cannot accuse the
girlfiend of causing mental cruelty to her under Section 498A of
Indian Penal Code , the Supreme Court has ruled. No
case under Section 498A could be slapped against the other woman -- "be
it the husband's girlfriend or concubine" -- even if it was found
that she lived with him after estrangement with his wife, it said.
MUMBAI
April 12, 2010 |
MUMBAI:
In an interesting case, the Bombay High Court confirmed the dissolution
of a marriage, but allowed the husband to continue to live in the flat
which is in wife's name. Both Sharad and Meena (names
changed) are in their sixties. They got married in April 1969, and have
two grownup sons. However, differences arose in the later years, and
Meena left her husband and shifted to Delhi in 1980.
The flat in which they lived in suburban Juhu had been purchased in
Meena's name.
MUMBAI
January 3, 2010 |
MUMBAI:
Wives beware. Repeated attempts or threats of committing
suicide are not going to pay off and the husband, instead of giving
in to demands, will walk away with a divorce. In a judgment that would
provide the threatened spouse some relief, the Bombay high court upheld a
family court ruling that repeated attempts to commit suicide
constituted mental cruelty and was a laid ground for divorce.
A bench of justices Sharad Bobde and S J Kathawala late last year held
that "It was not possible for a couple to peacefully carry on with
their married life if one partner repeatedly threatened to commit
suicide in public and within the home.
INDIA
January 2, 2010 |
MUMBAI:
Repeated attempts to commit suicide as well the threats to commit
suicide could amount to "cruelty", and it can very well be a ground for
seeking divorce, the Bombay High Court has held. The family
court in Pune granted divorce to Varsha and Prakash (both names
changed) on the application made by Prakash in 2002, against which
Varsha had filed appeal. Both had been living separately for
the last seventeen years. Prakash's application for divorce
was on the ground that his wife was temperamental, she frequently
fought with him, and threatened to commit suicide.
CHENNAI
August 13, 2009 |
CHENNAI:
Claiming that she was cheated into marrying an "impotent" man, a
24-year-old woman has moved the family court here seeking divorce from
him and Rs 1 crore as permanent alimony. According to the
woman, her in-laws had suppressed the fact that their son suffered from
some "hereditary sexual problems" and that he was physically incapable
of performing his conjugal responsibilities towards his prospective
wife. She claimed that she also had to quit her software job on the
insistence of her in-laws.
INDIA
November 7, 2008 |
NEW
DELHI: A woman's act of undergoing abortion to terminate a pregnancy
without the consent of her spouse amounts to mental cruelty and her
husband is entitled to seek divorce on this ground, the Supreme Court
has ruled in an important ruling. The apex court upheld the plea of
one Sudhir Kapur that he was entitled to seek divorce under the Hindu
Marriages Act, as his wife Suman Kapur had undergone three abortions
without his consent. Sudhir claimed that his wife resorted to the
abortions as she was more interested in pursuing her career in the US
rather than bringing up a family.
INDIA
March 13, 2008 |
MUMBAI:
It's one charge that husbands dread and many are guilty of. It's also a
charge which the law doesn't allow a woman to withdraw once she has
made it. However, courts had in the past taken conflicting views on
this. Now, resolving the issue of whether or not a
husband and wife can settle between themselves a complaint of cruelty to
a wife under Section 498-A of the Indian Penal Code, a full bench of
the Bombay high court has both good and bad news, depending on which
side of the accusation one is. In a landmark judgment
on Wednesday, the HC bench comprising Chief Justice Swatanter Kumar,
Justice Dhananjay Chandrachud and Justice J P Devadhar held that a wife
certainly cannot withdraw the 498-A charge and that a court, including
the lower courts and high courts, cannot allow such a serious
non-bailable offence to be compounded (settled between the parties so
that criminal proceedings no longer remain against the husband and/or
his family members)
INDIA
September 24, 2007 |
MUMBAI:
Mind your language in bed and out of it. This could be the new warning
mantra for warring spouses, especially those who knock on the family
courts door. The Bombay High Court recently directed
that language in divorce petitions had to clean and temperate, and
deleted several paras of a husband's explicit rant against his wife's
alleged unnatural sexual demands. The man, who cited
these demands as infliction of mental cruelty, wanted out on the same
grounds.
INDIA
April 19, 2005 |
MUMBAI:
Arun Nayar, Liz Hurley's burly, is not alone in using cruelty as a
charge on which to peg a divorce petition. While the civilised divorce
is on the rise, lawyers invariably dip into the dirty linen basket when
one spouse refuses to oblige. And in the process both sides are sullied.
Allegations such as "constant demand for money,"
"failing in duties as a wife" and "gravely insulting behaviour, causing
mental pain and agony" are some of the phrases that contested divorce
pleas are habitually strewn with.
INDIA
December 6, 2004 |
NEW
DELHI: While deciding on matrimonial disputes, courts deal with only a
man and a woman, not an ideal couple. "Cruelty in
matrimonial life may be subtle or brutal. It may happen through
gestures, words or silence," the Supreme Court ruled in an attempt to
distinguish between the normal problems of married life and a troubled
home. A report from Italy says that a married woman was
granted a divorce because her bossy mother-in-law was ruining her life.
"She would keep on nagging me saying that I was only
interested in make-up and dieting to attract other men; I was a poor
mother and didn't deserve her son, let alone a child with him. None of
it was true and in the end I just couldn't take anymore," the report
quoting the woman said.
INDIA
November 7, 2004 |
NEW
DELHI: It's not always women who suffer due to cruelty and assault by
their errant husbands. A husband too has been able to get divorce from
his wife on grounds of assault and abuse. Before the SC granted him
divorce on the charge of cruelty and assault by his wife, the man had
lodged complaints with the Mahila Samiti in 1993. He suffered a fracture
after his wife slapped him and pushed him against a wall.
Rearing the two children himself as his wife, surprisingly, lives with
her husband's parents, the man charged her with both both physical and
mental cruelty.
MUMBAI
October 26, 2004 |
MUMBAI:
498-A? That might seem like an arcane figure to the layman, but it's
one that married women would do well to remember. Section
498-A, introduced into the Indian Penal Code three decades ago, gives
recognition to the ugly reality of domestic violence against a wife.
The section makes cruelty by a husband or his family towards a
married woman a cognisable and non-bailable offence and can even result
in a three-year prison term for the culprit. But the
conviction rate in '498-A cases', as they are called, is barely one or
two per cent, says women's activist Flavia Agnes.
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