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True Colors of a Vile Wife

Tag: Divorce Granted on Cruelty ground

Manoj Kumar Vs Nita Bharti on 17 Mar 2026

Posted on June 17 by ShadesOfKnife

A division bench of Patna High Court, used “Doctrine of frustration” in addition to Cruelty to dissolve a marriage registered under the Special Marriage Act, 1954.

From Paras 39,

39. But, at same time, we are also mindful of the legal position that we cannot exercise power under Article 142 of the Constitution of India for complete justice.
40. At this juncture, our judicial consciousness poses a question to us: being a constitutional court “are we helpless?”. This is particularly so, when we are convinced that respondent/applicant cannot perform her marital obligation with appellant due to the aforesaid compelling circumstances.
41. Hence, this is an occasion to view the present episode in a more progressive manner by importing the “Doctrine of frustration”.
42. As a Constitutional Court it is of paramount importance to touch upon all the possible scenarios, which can result in delivery of justice. Solemnization of marriage is a pious concept which does not only involve a husband and wife but society at large. And keeping in view the best interest of the parties, best possible way to deliver justice should be adopted. The court highlights that “Justice should not only be done, but must also be seen to be done”. Going with the essence of above mentioned phrase, the court will fail in its duty, if it will not discuss the prospective probabilities which can ensure the just, reasonable and conscious delivery of justice.
43. The Indian Jurisprudence suggests that “Procedural law is the handmaid of Justice and not its mistress”, which enables the court to adopt flexible approach rather than taking a rigid view of the prescribed law.
44. At the outset, it is not in dispute that the marriage between the parties was solemnized in accordance with law under the Special Marriage Act, 1954 and continued for a certain period, thereby creating a legally valid and subsisting matrimonial bond. The statutory presumption attached to such marriage stands fortified by the mandate of Section 13(2) of the Act, which accords conclusiveness to the certificate of marriage.
45. It must be acknowledged that though marriage is not a commercial contract, it undeniably embodies a bundle of reciprocal obligations—cohabitation, fidelity, companionship, emotional support, and exclusivity. Where these foundational obligations stand extinguished not by mere estrangement but by subsequent conduct that legally and morally negates the marital bond, the continuance of marriage becomes impossible in substance. In such circumstances, the Court cannot remain bound by the mere form of the relationship when its essence has ceased to exist.

From Para 46,

46. …. The doctrine of frustration, embodied in Section 56 of the Indian Contract Act, is founded on the principle that law does not compel performance of that which has become impossible. When applied in the matrimonial context, particularly to civil marriages under the Special Marriage Act, this principle manifests in situations where the foundation of marriage— cohabitation, consortium, mutual obligations—stands irretrievably destroyed.
47. The doctrine of frustration, as evolved in contract law, operates where an unforeseen event renders the performance of obligations impossible or destroys the very foundation upon which the relationship rests. Transposed into matrimonial jurisprudence, the doctrine applies where the substratum of marriage—mutual trust, exclusivity, and consortium—is irreversibly destroyed, leaving no scope for restoration. The law, in such a situation, must recognize reality over fiction.
48. The present case transcends the conventional doctrine of irretrievable breakdown of marriage. Irretrievable breakdown of marriage contemplates a situation where the marriage has failed due to prolonged separation, incompatibility, or absence of cohabitation. It is not merely a case where the
marriage has failed due to incompatibility or prolonged separation; rather, it is one where subsequent events—most notably the lawful remarriage of the respondent-wife and the birth of a child—have rendered the performance of marital obligations wholly impossible. The doctrine of frustration, as invoked herein, goes a step further—it applies where the very performance of marital obligations has become impossible due to supervening circumstances. The impossibility herein operates at multiple levels—moral, practical, and legal—thereby justifying the application of a doctrine analogous to frustration in order to recognize reality over legal fiction.

From Para 54,

54. While it is true that the doctrine of frustration, in its strict contractual sense, is not directly applicable to matrimonial law, the underlying principle—that a relationship rendered incapable of performance by supervening circumstances ought not to be artificially preserved—can be judiciously invoked. Constitutional courts are empowered to adopt Purposive Interpretation to advance justice and to put an end to litigation. The Rule of interpretation suggests that Constitutional Courts must be at work to fulfill the legislative intent. Marriage, though not a commercial contract, embodies reciprocal and enforceable obligations such as cohabitation, fidelity, companionship, and exclusivity. Where these essential obligations stand extinguished, not merely by estrangement but by subsequent conduct that negates the very foundation of the marriage, the continuance of such a bond becomes impossible in substance.

From Para 57,

57. In view of the above, this Court is of the considered opinion that the present case represents a rare but compelling situation where the doctrine of frustration must be invoked in matrimonial law.
58. The marriage, though validly solemnized, has lost its essential character due to subsequent events that render its continuation impossible. The legal bond survives only as a shell, devoid of substance, purpose, or enforceability. To compel parties to remain in such a relationship would amount to enforcing a legal fiction at the cost of justice. The law cannot insist upon the preservation of a bond that has ceased to exist in every meaningful sense.
59. Therefore, in order to do complete justice, to uphold the dignity of the parties, to secure the welfare of the child, and to serve the broader interests of society, this Court finds it appropriate to dissolve the marriage by applying the doctrine of frustration, treating the matrimonial bond as having become incapable of performance.
60. Accordingly, marriage of OP/appellant namely, Manoj Kumar @ Munna stands dissolved with respondent/applicant namely, Nita Bharti.

From Para 74 (Concurring Opinion)

74. Thus, “Doctrine of frustration” which has been introduced by my esteemed brother as a ground of divorce is supplemented by me holding inter alia that continuous uninterrupted, prolonged separation by and between the parties had caused deep frustration in the core of their heart, such frustration caused by the other spouse is a form of cruelty within the meaning of Section 27 (1) (d) of Special Marriage Act.

Manoj Kumar Vs Nita Bharti on 17 Mar 2026

Citations:

Other Sources:

 


Index of Divorce Judgments is here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Divorce Granted on Cruelty ground Divorce Granted to Husband Doctrine of Frustration Irretrievable Breakdown of Marriage Legal Procedure Explained - Interpretation of Statutes Manoj Kumar Vs Nita Bharti | Leave a comment

Emilda Varghese @ Rajani Vs Varghese P Kuriakose on 6 Oct 2025 – Judgement Summary

Posted on April 1 by Suprajaa Rajan

In a significant ruling, the Kerala High Court adjudicated a batch of matrimonial appeals and revision petitions involving divorce on the ground of cruelty and maintenance rights of the wife.

After carefully evaluating the evidence, the High Court upheld the divorce, concluding that the wife’s conduct amounted to mental cruelty. Importantly, the Court emphasised that ill-treatment of children can constitute cruelty toward the spouse.

The following paragraphs form the core reasoning of the Court:

“The nature of cruelty which would entitle a spouse to divorce must certainly be identical in all religious faiths… The right to live without matrimonial cruelty is a fundamental right under Article 21.”

“If the wife is guilty of ill-treating the children, certainly it would cause reasonable apprehension in the mind of the husband that it would be harmful or injurious for him to live with her.”

“The expression ‘harmful or injurious’ is not confined to physical acts alone, but equally extends to mental torture.”

“The petitioner has proved his allegations not only through his own testimony, but also by examining witnesses who had personal acquaintance with the alleged ill-treatment.”

“It is settled law that making such suicide attempts or threats would amount to cruelty on the spouse.”

Decision

After considering all aspects, the High Court delivered the following decision:

  • Divorce Granted: The Court upheld the dissolution of marriage on the ground of cruelty.
  • Wife’s Challenge to Divorce Rejected: The Court found no merit in her appeal against divorce.
  • Maintenance Enhanced: The Court increased maintenance from ₹6,000 to ₹15,000 per month.
  • Partial Relief to Wife: The revision petition was partly allowed only to the extent of enhancement.

Thus, the Court ensured both marital justice and financial fairness.


Emilda Varghese @ Rajani Vs Varghese P Kuriakose on 6 Oct 2025

Index of Divorce Judgements is here. 


Related Legal Concepts

Explore related stages and concepts in criminal procedure:

  • Matrimonial Cruelty
  • Child abuse
  • Uniform Legal Standard
  • Maintenance
  • Appellate Powers

 


Key Contributor :

Mrs. Suprajaa Rajan B.Com, LL.B., LL.M.

+91-9606345150


 

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Divorce Act 1869 Sec 10 - Grounds for dissolution of marriage Divorce Granted on Cruelty ground Divorce Granted to Wife Emilda Varghese @ Rajani Vs Varghese P Kuriakose Matrimonial dispute | Leave a comment

Vishnu Dutt Sharma Vs Manju Sharma on 27 Feb 2009

Posted on February 28 by Suprajaa Rajan

The Supreme Court examined whether a court exercising appellate jurisdiction can grant a decree of divorce on a ground not expressly enumerated in the statute. The matter required interpretation of Section 13 HMA and consideration of the constitutional limits on judicial law-making.

The Court analysed whether irretrievable breakdown, though recognised in certain judicial pronouncements, could operate as an independent ground for divorce in the absence of legislative incorporation. The judgment reaffirmed the principle of separation of powers and clarified that courts cannot expand statutory grounds through judicial innovation.

Important Extracts from the Judgment:

High Court Findings (Paras 13 & 17):

“On a reading of the entire evidence, it is not possible to conclude that the appellant has been able to establish that the respondent treated him with cruelty.”

“To grant divorce to the appellant despite this only on the ground of irretrievable breakdown would not, in the view of this Court, be doing justice to the respondent.”

On Findings of Fact:

“We are not inclined to interfere with the finding of fact of both the courts below that it was the appellant who treated the respondent with cruelty, rather than the other way around.”

On Irretrievable Breakdown Not Being a Statutory Ground:

“On a bare reading of Section 13 of the Act, reproduced above, it is crystal clear that no such ground of irretrievable breakdown of the marriage is provided by the legislature for granting a decree of divorce. This Court cannot add such a ground to Section 13 of the Act as that would be amending the Act, which is a function of the legislature.”

“If we grant divorce on the ground of irretrievable breakdown, then we shall by judicial verdict be adding a clause to Section 13 of the Act to the effect that irretrievable breakdown of the marriage is also a ground for divorce.”

“In our opinion, this can only be done by the legislature and not by the Court.”

On Mutual Consent:

“Had both parties been willing we could, of course, have granted a divorce by mutual consent as contemplated by Section 13B of the Act, but in this case the respondent is not willing to agree to a divorce.”

Decision

The Supreme Court dismissed the appeal.

The Court held that:

  • The appellant failed to establish cruelty.

  • Irretrievable breakdown is not a statutory ground under Section 13 HMA.

  • The judiciary cannot legislate by adding new grounds for divorce.

  • Only Parliament can amend the statute to include such a ground.


Vishnu Dutt Sharma Vs Manju Sharma on 27 Feb 2009

Citation :

Other Sources :


Index of Divorce Judgements is here.


Key Contributor : 

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Divorce Granted on Cruelty ground HM Act Sec 13 - Divorce Mutual Consent Divorce | Leave a comment

Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025

Posted on June 17, 2025 by ShadesOfKnife

A division bench of Apex Court granted Divorce to husband against a lying wife.

From Para 10,

10. A perusal of the FIR shows that the allegations made by the complainant are that in the year 1999, the Appellant inflicted mental and physical cruelty upon her for bringing insufficient dowry. The Complainant refers to few instances of such atrocities, however the allegations are generic, and rather ambiguous. The allegations against the family members, who have been unfortunately roped in, is that they used to instigate the Appellant husband to harass the Complainant wife, and taunted the Complainant for not bringing enough dowry; however, there is no specific incident of harassment or any evidence to that effect. Similarly, the allegations against the five out of six sisters that they used to insult the Complainant and demanded dowry articles from her, and upon failure beat her up, but there is not even a cursory mention of the incident. An allegation has also been made against a tailor named Bhagwat that he being a friend of the Appellant instigated him against the Complainant, and was allegedly instrumental in blowing his greed. Such allegations are merely accusatory and contentious in nature, and do not elaborate a concrete picture of what may have transpired. For this reason alone, and that the evidence on record is clearly inconsistent with the accusations, the version of the Complainant seems implausible and unreliable. The following observation in K. Subba Rao v. State of Telangana Represented by Its Secretary, Department of Home & Ors.2, fits perfectly to the present scenario:
“6. The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.”
11. As regards the Appellant, the purportedly specific allegations levelled against him are also obscure in nature. Even if the allegations and the case of the prosecution is taken at its face value, apart from the bald allegations without any specifics of time, date or place, there is no incriminating material found by the prosecution or rather produced by the complainant to substantiate the ingredients of “cruelty” under section 498A IPC, as recently observed in the case of Jaydedeepsinh Pravinsinh Chavda & Ors. v. State of Gujarat3 and Rajesh Chaddha v. State of Uttar Pradesh.4 The Complainant has admittedly failed to produce any medical records or injury reports, x-ray reports, or any witnesses to substantiate her allegations. We cannot ignore the fact that the Complainant even withdrew her second Complaint dt. 06.12.1999 six days later on 12.12.1999. There is also no evidence to substantiate the purported demand for dowry allegedly made by the Appellant or his family and the investigative agencies in their own prudence have not added sections 3 & 4 of the Dowry Prohibition Act, 1961 to the chargesheet.

From Para 13,

13. It is rather unfortunate that the Complainant being an officer of the State has initiated criminal machinery in such a manner, where the aged parents-in-law, five sisters and one tailor have been arrayed as an accused. Notwithstanding the possibility of truth behind the allegations of cruelty, this growing tendency to misuse legal provisions has time and again been condemned by this Court. The observations in Dara Lakshmi Narayana & Ors. v. State of Telangana & Anr.5, Preeti Gupta & Anr. v. State of Jharkhand & Anr.6 aptly captures this concern.

From Para 15,

15. It is a settled position of law that for the computation of the limitation period under Section 468 CrPC the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance.7 The dicta laid down in the case of Bharat Damodar Kale & Anr. v. State of Andhra Pradesh8 makes it unequivocally clear that the Magistrate is well within his powers to take cognizance of a complaint filed within a period of three years from the date of the commission of offence as mandated under section 468 CrPC.

Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025

Index of Quash Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 468 - Bar to taking cognizance after lapse of the period of limitation Divorce Granted on Cruelty ground Divorce Granted to Husband False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Filing False Criminal Complaints causes Mental Cruelty Ghanshyam Soni Vs State (NCT of Delhi) and Anr HM Act - Mental Cruelty Proved Legal Terrorism Mental Cruelty Reportable Judgement or Order | Leave a comment

V.Rajesh Vs S.Anupriya on 04 Jun 2025

Posted on June 16, 2025 by ShadesOfKnife

A division bench of Madras High Court passed this Judgment.

From Para 16, (How simple mistakes can turn evidence into trash!)

16. At this juncture, the learned Counsel for the petitioner would invite the attention of this Court to Ex-R.4 in H.M.O.P. No.702 of 2021 – Screenshot of Whatsapp Chat dated October 17, 2017, and would argue that the respondent herself admitted that everything is her fault and apologised to the petitioner about 10 days before making Ex-R.5 – Complaint and that in such a scenario, Ex-R.5 – Complaint could only be a false one. This Court has perused Ex-R.4 – Screenshot. It appears that the petitioner has received a message from a contact whom he has saved as “ANU”. The respondent has denied the said message in her cross-examination. The burden is upon the petitioner to prove Ex-R.4 –Screenshot. It is true that the Indian Evidence Act, 1872 would not be strictly applicable to family court matters, in view of Section 14 of the Family Courts Act, 1984. But, said Section 14 does not dispense with the burden of proof. The burden remains upon the petitioner. But the petitioner has failed to discharge the said burden. The petitioner has not taken any steps to prove that the said contact from which he received such a message, is his wife / respondent. Hence, the argument of the learned Counsel for the petitioner deserves to be rejected.

From Para 17,

17. Be that as it may, whether the averments contained in Ex- R.5 – Complaint are true or not is a matter for police investigation and the truth can be found only in the trial. But there was no investigation in the first place. The averments remain unestablished. The averments made in Ex-R.5 are of such nature that unless proved, they amount to defamation, which in turn constitutes to mental cruelty. If really the said averments are true, the respondent ought to have taken prudent steps to prove her averments when the petitioner failed to reunite with her. Unsubstantiated or uncorroborated defamatory averments made in Ex-R.5, causes stigma and mental agony to the petitioner as well as his family, and in the facts and circumstances of this case amounts to cruelty.

From Paras 20-21,

20. As elaborated above, the unestablished sexual allegations made by the respondent against the petitioner and his father, amounts to cruelty and thus, the petitioner has made out a case under Section 13 (1) (i-a) of H.M. Act. Points for consideration arising in these Civil Miscellaneous Appeals are answered accordingly. The petitioner is thus entitled to a Decree of divorce.
21. It is learnt that the petitioner is paying a maintenance of Rs.25,000/- to the respondent and his 8 year old child (who is under the custody of the respondent) every month. Considering the facts and circumstances of this case, especially the stand taken by the respondent that she is ready and willing to let go of the past and resume her marital life with the petitioner, this Court is of the view that though divorce is granted in favour of the petitioner, maintenance rights of the respondent shall remain unaffected.

V.Rajesh Vs S.Anupriya on 04 Jun 2025

Index to Divorce Judgments is here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Baseless charges Against Spouse is Cruelty Divorce Granted on Cruelty ground Divorce Granted to Husband False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Terrorism V.Rajesh Vs S.Anupriya | Leave a comment

Arun K.R Vs Arunima T.S on 24 Mar 2025

Posted on April 2, 2025 by ShadesOfKnife

A division bench of Kerala High Court held as follows,

From Paras 7-9,

7. In the case at hand, the petitioner is categoric in her version that respondent treated her with cruelty. Unlike physical abuse, which is easier to prove, mental cruelty varies from case to case. When the petitioner/wife says that the respondent/ husband behaved in a manner so as to create an impression in her that she was totally neglected by the respondent, there is no reason for this Court to disbelieve the said version.
8. It is an admitted case that petitioner had earlier filed O.P.No.871/2019 and subsequently she had withdrawn it, since the respondent confided and promised to lead a family life with her. According to her, after withdrawing the said original petition, respondent again started to behave in the same manner as before.
9. The answers given by the respondent during his cross examination regarding his frequent visits to the temple by taking leave from the job fortifies the case of the petitioner that he is more interested in spiritual affairs than the family life.

Arun K.R Vs Arunima T.S on 24 Mar 2025

Index of Divorce judgments is here.

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arun K.R Vs Arunima T.S Divorce Granted on Cruelty ground HM Act Sec 13 - Divorce Granted to Wife | Leave a comment

Aarti Vs Kishan Meena on 22 Aug 2024

Posted on September 16, 2024 by ShadesOfKnife

A division bench of Madhya Pradesh High Court at Indore held as follows,

From Para 16,

16. It has also been held in Samar Ghosh (supra) where on facts there has been irretrievable breakdown of marriage, the party opposing the divorce and not letting go the other party free of the matrimonial bond, would be causing mental cruelty to the other party. This makes considerable sense in the Indian context where to reach finality by exhausting the remedy of appeals may take several years. In such situation the party opposing the grant of divorce may, in some cases, be doing so only out of spite, either to harass the other party or prevent it from remarrying or out of sheer cussedness. That may indeed also confirm the allegation that such party had been causing mental cruelty, and was now intent on causing further mental cruelty by opposing the divorce.

From Para 19,

19. Respondent by filing certified copy of impugned judgment and decree in Criminal Case No.2015/2017 under Section 498-A of Indian Penal Code, 1860 and Section 3/4 of Dowry Prohibition Act, 1961 has proved that criminal case was lodged at the behest of appellant / wife in which ultimately appellant, his sister and parents were acquitted by the parties. Learned Court below relying upon the judgment in the case of Vandana Gupta Vs. Ramesh Gupta reported in 2009 (2) MPLJ 214, Madhuri Aaswani Vs. Arjundas Aaswani reported in 2007 (3) MPLJ 550 and Vishwanath Agrawal Vs. Sarla Agrawal reported in AIR 2012 SC 2586 concluded that prosecution of husband and her relatives on the false allegation of demand of dowry comesunder mental cruelty. The findings recorded by the learned Court below are impregnable and infallible.

From Para 21,

21. Learned Court below has recorded the finding that termination of pregnancy without consent of husband also comes under the purview of cruelty. With regard to the aforesaid finding, this Court is of the view that termination of pregnancy may come under the term ‘cruelty’ depending upon the facts and circumstances of the case.

Aarti Vs Kishan Meena on 22 Aug 2024

Index of Divorce Judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Aarti Vs Kishan Meena Catena of Landmark Judgments Referred/Cited to Divorce Granted on Cruelty ground Divorce Granted on Desertion ground Divorce Granted to Husband Filing False Criminal Complaints causes Mental Cruelty HM Act - Mental Cruelty Proved HM Act Sec 13 - Divorce Granted to Husband Mental Cruelty | Leave a comment

D. Narsimha @Narsimlu Vs D.Anita @Vaishnavi on 21 Jun 2024

Posted on June 30, 2024 by ShadesOfKnife

A division bench of the Telangana High Court granted divorce to husband, by holding that,

From Para 16,

16. The obliteration of marital ties is entirely for the persons in the marriage and upon them to assess and resolve in the best way they think fit. The Court has a limited role in the whole affair and should not act as an executioner (in the sense of a hangman) or a counsellor to compel the parties to continue living as wife and husband, particularly where the meeting of minds between them has irrevocably ended. It is certainly not the Court’s work to ferret out faultlines in the evidence in negation of cruelty in an altruistic zeal for preserving the marriage. This kind of exercise is unwarranted and pointless.

From Paras 17 and 18,

17. It is relevant to state that the Trial Court also held that the brief “reunion” of the parties in May, 2015 precluded the appellant from re-agitating events prior to the respondent coming to live with the appellant as it indicated forgiveness on the part of the appellant. We are unable to agree with the reasoning and the presumption.
18. Condonation and forgiveness means restoration of the offending spouse to the same position as he/she was before the offence was committed. The evidence must also point to this direction: Dr.N.G. Dastane v. Mrs. S. Dastane13. Forgiveness would be a misnomer in a case where the wife stays with the husband for 2 months and then leaves the matrimonial home and lodges an F.I.R. against the husband and his family members for offences punishable under Section 498-A of the I.P.C. and the Dowry Prohibition Act: Malathi Ravi, M.D v. B.V. Ravi, M.D.14. The Supreme Court in that case held that the husband had been treated with mental cruelty and affirmed the decree of divorce granted by the High Court.

D. Narsimha @Narsimlu Vs D.Anita @Vaishnavi on 21 Jun 2024

Trial Court Order dismissing the Divorce petition:

D. Narsimha @Narsimlu Vs D.Anita @Vaishnavi on 02 Nov 2021
Posted in High Court of Telangana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to D. Narsimha @Narsimlu Vs D.Anita @Vaishnavi Divorce Granted on Cruelty ground HM Act Sec 13 - Divorce HM Act Sec 13 - Divorce Granted to Husband | Leave a comment

Pramod Vs Umesh at Poonam on 01 Mar 2024

Posted on March 28, 2024 by ShadesOfKnife

 

Pramod Vs Umesh at Poonam on 01 Mar 2024

Index of Divorce judgements is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Divorce Granted on Cruelty ground Divorce Granted to Husband HM Act Sec 13 - Divorce Granted to Husband Pramod Vs Umesh at Poonam | Leave a comment

Payal Sethi Vs Rohit Sethi on 09 Jan 2024

Posted on January 27, 2024 by ShadesOfKnife

A division bench of Delhi High Court held that, repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty, based on Supreme Court decisions.

From Pars 25-31,

25. The repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty by the Supreme court in the case of Pankaj Mahajan Vs. Dimple, (2011) 12 SCC 1. It was further observed that cruelty postulates a treatment of a spouse with such cruelty that it would be harmful or injurious to live with the other spouse. Similarly in Narendra Vs. K. Meena (2016) 9 SCC 455, it was observed that in case the wife succeeds in committing suicide, one can only imagine how the poor husband would get entangled into the clutches of law which would virtually ruin his sanity, peace of mind, career and probably his entire life. Such threat of attempting suicide amounts to cruelty.
26. In the present case as well, the conduct of the appellant is clearly is an act of cruelty towards the respondent/husband.
27. We may note further that on leaving the matrimonial home on 15.12.2009, the appellant lodged a complaint with Crime against Women Cell, which became the basis of registration of FIR No. 508/2012 under Section 498A/406/34 IPC. The respondent was once again driven to take anticipatory bail. The appellant even made a claim of Rs.5 lakhs to settle all the disputes, but the respondent was not in a position to offer more than Rs.3 lakhs because of which the matter could not be settled.
28. Even thereafter another case under the Protection of Women Against Domestic Violence Act was filed in the year 2018 despite the separation of more than nine years. The appellant, no doubt has a legal right to take recourse for the wrong that may have been committed but making unsubstantiated allegations of having been subjected to dowry demands or acts of cruelty by the respondent or his family members, and getting criminal trials initiated against the respondent are clearly acts of cruelty.
29. In the case of K. Srinivas Vs. K. Sunita (2013) 5 SCC 226, the Hon’ble Supreme Court held that filing of false complaints against the husband and his family members constitutes mental cruelty for the purpose of Section 13 (1) (ia) of the Hindu Marriage Act. It was further observed that filing appeals questioning the acquittal of the husband indicates the relentless attempts of the wife to somehow ensure that the husband and his family are put in jail. Such acts, without a doubt, amount to cruelty.
30. The Supreme Court in Mangayakarasi v. M. Yuvaraj (2020) 3 SCC 786, observed that an unsubstantiated allegation of dowry demand or such other allegations made against the husband and his family members exposed them to criminal litigation. Ultimately, if it is found that such allegations were unwarranted and without basis, the husband can allege that mental cruelty has been inflicted on him and claim a divorce on such a ground.
31. We note that during the two years of their matrimonial life, the parties barely resided together for ten months in all and even during that time there were various acts of the cruelty of being subjected to false complaints and civil as well as criminal litigation, committed by the appellant towards the respondent. We therefore, conclude that the learned Addl. Principal Judge, Family Court has rightly held that the respondent was subjected to cruelty by the appellant and granted divorce under Section 13 (1)(ia) of the HMA.

Payal Sethi Vs Rohit Sethi on 09 Jan 2024

Index of Divorce Judgments is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Baseless charges Against Spouse is Cruelty Divorce Granted on Cruelty ground Divorce Granted to Husband Filing False Criminal Complaints causes Mental Cruelty HM Act - Mental Cruelty Proved HM Act Sec 13 - Divorce Granted to Husband Mental Cruelty Payal Sethi Vs Rohit Sethi | Leave a comment

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factcheckapgov FactCheck.AP.Gov.in @factcheckapgov ·
22 Jun

ఎంతో ప్రతిష్టాత్మకంగా నిర్వహించి ప్రజల ఆరోగ్యం పట్ల అవగాహన కల్పించిన అంతర్జాతీయ యోగా దినోత్సవం సందర్భంగా రాష్ట్రం లో పలుచోట్ల నిర్వహించిన యోగా కార్యక్రమం పై కొందరు తప్పుడు ప్రచారం చేస్తున్నారు. ఈ కార్యక్రమం కోసం రూ. 600 కోట్లు ఖర్చు అయినట్లు చెప్పడం పూర్తిగా అసత్యం. రాష్ట్రంలో

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jaitdp Telugu Desam Party @jaitdp ·
22 Jun

చీఫ్ మినిస్టర్.. టీచర్ అయిన వేళ

అంగన్వాడీ కేంద్రాన్ని సందర్శించిన సీఎం చంద్రబాబు కాసేపు టీచర్‌గా మారి, పిల్లల అభ్యసనం ఎలా ఉందో తెలుసుకున్నారు. ఇంగ్లీష్ ఆల్ఫాబెట్స్ చెప్పమని సీఎం అడిగేసరికి పిల్లలు చక్కగా చెప్పారు.
#ChandrababuNaidu
#AndhraPradesh

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