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True Colors of a Vile Wife

Tag: Divorce granted on Desertion ground

Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022

Posted on November 2, 2022 by ShadesOfKnife

Similar to this Order here, same (judge!) division bench of High Court of Punjab & Haryana passed this Order too. Again, abuser gets divorce and 10 lakhs!!!

In our view, once criminal litigation is initiated between the parties it leads to a point of no return. And if it is a false case filed by the wife merely to harass and humiliate the husband and his family, then the resultant bitterness rarely leaves any room or reason for reconciliation. A perusal of the judgment at Annexure A-1 whereby the appellant and his family members have been acquitted of the charges under Section 406, 498-A 120-B IPC shows that ld. Trial Court has returned very categoric findings holding that the prosecution entirely failed to prove its case. DW-1 Baljinder Singh has stated on oath that he had participated in the marriage between the parties as mediator and nothing was demanded by the appellant or his family from the respondent or her parents. The learned SDJM, Patti in his judgment of acquittal has returned the finding that no medico-legal examination was led by the respondent wife to prove the alleged beatings that she had received at the hands of the appellant and his father.

Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022

Citations:

Other Sources:

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Divorce granted on Cruelty ground Divorce granted on Desertion ground Divorce Granted to Husband HM Act 25 – Permanent Alimony Allowed Joginder Singh Vs Rajwinder Kaur | Leave a comment

Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022

Posted on October 21, 2022 by ShadesOfKnife

A division bench of Punjab and Haryana High Court gave alimony to abuser, without any basis!

From last page of judgment, (total absence of any basis/reason)

Before parting, even though the parties have lived together in matrimonial home only for nine months, and even though there is no child from their wedlock, and even though during this litigation admittedly the appellant has already paid Rs. 23 lacs to the respondent as maintenance yet, we deem it fit to grant her permanent alimony of a sum of Rs. 18,00,000/- (Rupees eighteen lacs only) as full and final settlement.

Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022

Citations:

Other Sources:

 

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Divorce granted on Cruelty ground Divorce granted on Desertion ground Divorce Granted to Husband HM Act 25 – Permanent Alimony Allowed Ratandeep Singh Ahuja Vs Harpreet Kaur | 2 Comments

Sangeeta Sekhri Vs Sharat Sekhri and Anr on 27 Sep 2022

Posted on October 5, 2022 by ShadesOfKnife

A division bench of PHHC held as follows, when a knife was in bed with non-husband but wants alimony from husband,

Learned counsel for the appellant has not been able to lead any evidence which could reverse the finding of extra-marital affairs of appellant-wife and respondent No.2. The enquiry report (Ex.P1) coupled with the evidence given by PW4-Rajbir Singh, PW5- Balwinder Singh and PW7-Mohammad Gulab, servant of the respondent-husband’s house consistently proved that appellant-wife was living in adultery.
The only question for consideration now is whether the appellant-wife is entitled for permanent alimony.

Sangeeta Sekhri Vs Sharat Sekhri and Anr on 27 Sep 2022
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce granted on Cruelty ground Divorce granted on Desertion ground Divorce Granted to Husband HM Act 25 - No Maintenance or Alimony To Adulterer Wife HM Act 25 - Permanent Alimony Denied Sangeeta Sekhri Vs Sharat Sekhri and Anr | Leave a comment

Renuka Vs Sangappa on 11 Dec 2019

Posted on November 13, 2021 by ShadesOfKnife

A division bench of Karnataka HC held as follow with regards to Cruelty and Desertion grounds as found under Hindu Marriage Act 1955.

From Para 9,

9. The Trial Court examined PWs-1 to 3 and RW-1 and perused Ex.P1 and Exs.R1 to R8. The appellants attitude towards the respondent and staying away from him for years together and so also filing a petition for maintenance in Criminal miscellaneous No.95/2007 and partition suit in O.S.No.73/2005, she has not made any efforts to join her husband. On the other hand, the respondent had filed petition under Section 9 of the Hindu Marriage Act and petition was not continued on account of appellants readiness and willingness to join the respondent due to which the respondent had withdrawn the petition filed under Section 9 of the Hindu Marriage Act. Even thereafter the appellant had not joined the respondent. The appellant has not apprised the Trial Court as well as before this Court by producing any material evidence and so also what efforts she has made all these years to join the respondent. The contention of the appellant that she is ready to join her husband is only an afterthought for the reasons that she had ample opportunity of joining the respondent during the pendency of M.C.No.4/2010. Now we are in the year 2019. Even during the period from 30.11.2013, the date on which M.C.No.4/2010 was disposed off, till date she has not shown her willingness to join her husband. If her intention was really to join her husband, both Trial and this Court would have made necessary efforts to refer the matter to the Mediation & Conciliation Centre. Therefore, the attitude of the appellant towards respondent for these many years resulted in failure of marriage among the appellant and the respondent. Once the appellant failed to return to her marital home and remained in her parental house for more than one and half decade amounts to both desertion and cruelty.

From Para 16,

16. The principle is, thus, settled that whether in the facts and circumstances of a given case, the plaintiff has been able to make out a case of grant of divorce on the ground of cruelty would depend upon the nature of pleadings and evidence in that case and there can be no straitjacket formula nor an exhaustive list of instances can be prepared, where cruelty is said to have been committed by one or other party to the marriage. Cruelty can also not be inferred by applying any formula because the said question is to be determined keeping in view the social status of the parties, their financial and other conditions, the atmosphere and the kind of employment or vocation which they carry out would all be important to interfere whether on the given set of allegations it has become difficult for the plaintiff to live with the other side and the behaviour of such degree which amounts to the cruelty.

Renuka Vs Sangappa on 11 Dec 2019

Citations :

Other Sources :

https://www.legitquest.com/case/renuka-v-sangappa/1a2cde

https://www.lawyerservices.in/Renuka-Versus-Sangappa-2019-12-11

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce granted on Cruelty ground Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband Renuka Vs Sangappa Reportable Judgement or Order | Leave a comment

Lavanya Vs Ragavendra Goud on 9 January 2020

Posted on April 21, 2020 by ShadesOfKnife

Telangana High Court did not interfere with the divorce decree granted by lower Court and held so in the following Paras.

31. Therefore it appears that without any valid reason, the appellant deserted the respondent and denied him conjugal life. She also leveled false allegations that he and his family members demanded dowry. It appears that the appellant was left at her parents’ house by the respondent after she insisted on staying with her parents and threatened to commit suicide otherwise.
32. In these circumstances, we are of the opinion that the Court below was right in holding that not only had the appellant deserted the respondent and avoided leading a marital life since February, 2014, but also her threat to commit suicide put the respondent at risk.
33. Also, the filing of the criminal complaint under Section 498A IPC by the appellant against the respondent would make it difficult for the parties to lead a happy marital life.
34. We are also of the view that when it is the very case of the appellant that the respondent and his family members had allegedly harassed her for dowry, why she is opposing the grant of divorce is inexplicable because if her contention were to be correct, she would herself be subjecting herself to further cruelty at the instance of the respondent.
35. In these circumstances, we do not deem it appropriate to interfere with the order passed by the Court below dissolving the marriage between the parties.

Lavanya Vs Ragavendra Goud on 9 January 2020

Citations: [

Other Source links: https://indiankanoon.org/doc/65011903/


 

Posted in High Court of Telangana Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband HM Act 28 - Appeals from Decrees and Orders Lavanya Vs Ragavendra Goud | Leave a comment

Santosh Kumar Vs Asha Budakoti on 13 June, 2013

Posted on January 8, 2020 by ShadesOfKnife

Knife deserted husband for 5 years without reasonable cause and then lied to Court. Judicial Separation granted by Family Court is converted to Divorce and relief given to husband permanently.

Santosh Kumar Vs Asha Budakoti on 13 June, 2013

Citations: [2014 DMC UTTA 3 524], [2014 UC 2 1190], [2013 SCC ONLINE UTT 1643]

Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/56b49503607dba348f010a76


 

Posted in High Court of Uttarakhand Judgment or Order or Notification | Tagged Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband Sandeep Pamarati Santosh Kumar Vs Asha Budakoti

Ambika Ramakant Uniyal Vs Ramakant Shriram Uniyal on 18 November, 2013

Posted on July 15, 2019 by ShadesOfKnife

The Bombay High Court has observed that leaving the matrimonial home with personal belongings signifies that there is intention of knife leaving husband/matrimonial home permanently and this can be construed as deserting the husband with out any reasonable cause and that leading to a solid ground for Divorce decree.

Ambika Ramakant Uniyal Vs Ramakant Shriram Uniyal on 18 November, 2013

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Ambika Ramakant Uniyal Vs Ramakant Shriram Uniyal Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband Willful Desertion By Knife

Narendra Vs K.Meena on 6 October, 2016

Posted on August 28, 2018 by ShadesOfKnife

Hon’ble Apex Court has in this judgment, held that giving repeated threats of suicide to husband and making suicide attempts for no reason, or even one such event was sufficient for the Appellant husband to get a decree of divorce on the ground of cruelty. It is needless to add that such threats or acts constitute cruelty. And the knife also wanted the Appellant to get separated from his family.

The division bench of the Supreme Court destroyed the arguments of respondent, piece-by-piece.

From Para 10, attempts/threats to commit suicide

10. With regard to the allegations of cruelty levelled by the Appellant, we are in agreement with the findings of the trial Court. First of all, let us look at the incident with regard to an attempt to commit suicide by the Respondent. Upon perusal of the evidence of the witnesses, the findings arrived at by the trial Court to the effect that the Respondent wife had locked herself in the bathroom and had poured kerosene on herself so as to commit suicide, are not in dispute. Fortunately for the Appellant, because of the noise and disturbance, even the neighbours of the Appellant rushed to help and the door of the bathroom was broken open and the Respondent was saved. Had she been successful in her attempt to commit suicide, then one can foresee the consequences and the plight of the Appellant because in that event the Appellant would have been put to immense difficulties because of the legal provisions. We feel that there was no fault on the part of the Appellant nor was there any reason for the Respondent wife to make an attempt to commit suicide. No husband would ever be comfortable with or tolerate such an act by his wife and if the wife succeeds in committing suicide, then one can imagine how a 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. The mere idea with regard to facing legal consequences would put a husband under tremendous stress. The thought itself is distressing. Such a mental cruelty could not have been taken lightly by the High Court. In our opinion, only this one event was sufficient for the Appellant husband to get a decree of divorce on the ground of cruelty. It is needless to add that such threats or acts constitute cruelty. Our aforesaid view is fortified by a decision of this Court in the case of Pankaj Mahajan v. Dimple @ Kajal (2011) 12 SCC 1, wherein it has been held that giving repeated threats to commit suicide amounts to cruelty.mental

From Para 11, wanted/attempting to get her husband separated from his family

11. The Respondent wife wanted the Appellant to get separated from his family. The evidence shows that the family was virtually maintained from the income of the Appellant husband. It is not a common practice or desirable culture for a Hindu son in India to get separated from the parents upon getting married at the instance of the wife, especially when the son is the only earning member in the family. A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they have either no income or have a meagre income. In India, generally people do not subscribe to the western thought, where, upon getting married or attaining majority, the son gets separated from the family. In normal circumstances, a wife is expected to be with the family of the husband after the marriage. She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her. In the instant case, upon appreciation of the evidence, the trial Court came to the conclusion that merely for monetary considerations, the Respondent wife wanted to get her husband separated from his family. The averment of the Respondent was to the effect that the income of the Appellant was also spent for maintaining his family. The said grievance of the Respondent is absolutely unjustified. A son maintaining his parents is absolutely normal in Indian culture and ethos. There is no other reason for which the Respondent wanted the Appellant to be separated from the family – the sole reason was to enjoy the income of the Appellant. Unfortunately, the High Court considered this to be a justifiable reason. In the opinion of the High Court, the wife had a legitimate expectation to see that the income of her husband is used for her and not for the family members of the Respondent husband. We do not see any reason to justify the said view of the High Court. As stated hereinabove, in a Hindu society, it is a pious obligation of the son to maintain the parents. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and in this case, we do not find any justifiable reason, except monetary consideration of the Respondent wife. In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income. The persistent effort of the Respondent wife to constrain the Appellant to be separated from the family would be torturous for the husband and in our opinion, the trial Court was right when it came to the conclusion that this constitutes an act of ‘cruelty’.

From Para 12, allegations of extra-marital affair with maid Kamla

12. With regard to the allegations about an extra-marital affair with maid named Kamla, the re-appreciation of the evidence by the High Court does not appear to be correct. There is sufficient evidence to the effect that there was no maid named Kamla working at the residence of the Appellant. Some averment with regard to some relative has been relied upon by the High Court to come to a conclusion that there was a lady named Kamla but the High Court has ignored the fact that the Respondent wife had levelled allegations with regard to an extra-marital affair of the Appellant with the maid and not with someone else. Even if there was some relative named Kamla, who might have visited the Appellant, there is nothing to substantiate the allegations levelled by the Respondent with regard to an extra-marital affair. True, it is very difficult to establish such allegations but at the same time, it is equally true that to suffer an allegation pertaining to one’s character of having an extra-marital affair is quite torturous for any person – be it a husband or a wife.

Finally from Para 15, desertion of husband for over 20 years

15. Taking an overall view of the entire evidence and the judgment delivered by the trial Court, we firmly believe that there was no need to take a different view than the one taken by the trial Court. The behaviour of the Respondent wife appears to be terrifying and horrible. One would find it difficult to live with such a person with tranquility and peace of mind. Such torture would adversely affect the life of the husband. It is also not in dispute that the Respondent wife had left the matrimonial house on 12th July, 1995 i.e. more than 20 years back. Though not on record, the learned counsel submitted that till today, the Respondent wife is not staying with the Appellant. The daughter of the Appellant and Respondent has also grown up and according to the learned counsel, she is working in an IT company. We have no reason to disbelieve the aforestated facts because with the passage of time, the daughter must have grown up and the separation of the Appellant and the wife must have also become normal for her and therefore, at this juncture it would not be proper to bring them together, especially when the Appellant husband was treated so cruelly by the Respondent wife.

Narendra Vs K.Meena on 6 October, 2016

Citations : [2016 SCC ONLINE SC 1114], [2016 SCC 9 455], [2016 SCC CIV 4 519], [2016 DLT 233 149], [2016 KLJ 4 287]

Other Sources :

https://indiankanoon.org/doc/130314186/

https://www.casemine.com/judgement/in/57f6804ebc41680a2ba53b77

Forcing the husband to leave his parents, who are dependent on his income, amounts to cruelty

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Character Assassination in Pleadings or Sworn Statements is Mental Cruelty Divorce granted on Cruelty ground Divorce granted on Desertion ground HM Act - Mental Cruelty Proved Legal Terrorism Mental Cruelty Narendra Vs K.Meena Reportable Judgement or Order Sandeep Pamarati | Leave a comment

Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011

Posted on August 27, 2018 by ShadesOfKnife

Hon’ble Supreme Court granted divorce to husband on the grounds of cruelty (constantly giving threats of suicide) and desertion by knife who is a patient of Bipolar Affective Disorder (A.K.A Chronic Paramoid Schizophrenia). Permanent alimony is granted in this case, God knows why.

 

Pankaj Mahajan Vs Dimple @ Kajal on 30 September, 2011

Citations : [2012 SCC CRI 1 345], [2011 SCC 12 1], [2011 AIOL 731], [2011 SLT 7 317], [2011 RCR CIVIL SC 4 534], [2011 SCALE 11 278], [2012 ALLMR SC 1 473], [2012 SCC CIV 1 685], [2011 GUJ LH 3 513], [2012 CTC 3 75], [2011 ULJ 4 85], [2011 LW 5 690], [2012 CHN 1 34], [2011 KLJ 4 528]

Other Sources :

https://indiankanoon.org/doc/55665/

https://www.casemine.com/judgement/in/5767b12ae691cb22da6d5570

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Divorce granted on Cruelty ground Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband HM Act 25 – Permanent Alimony Allowed Legal Procedure Explained - Interpretation of Statutes Pankaj Mahajan vs Dimple @ Kajal Reportable Judgement or Order | Leave a comment

Sangita Nigam Vs Saurabh Nigam on 22 November, 2017

Posted on May 2, 2018 by ShadesOfKnife

Here is the divorce grant/affirm judgment from Hon’ble Madhya Pradesh High Court on grounds of deserting husband and causing mental cruelty to him and his family.

 

Smt. Sangita Nigam vs Saurabh Nigam on 22 November, 2017

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband Sangita Nigam Vs Saurabh Nigam | Leave a comment

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