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.

Gaurav Nighawan Vs Shweta on 05 Jan 2024

Posted on March 13, 2024 by ShadesOfKnife

A division bench of Delhi High Court held as follows,

From Paras 19 and 20,

19. With regard to Section 13(1) (ib) of the Hindu Marriage Act, 1955, the pertinent observations of the Hon’ble Supreme Court in Bipin Chandra Jaisinghbhai Shah Vs. Prabhavati 1956 SCC OnLine SC 15 are as under:-
“Thus the quality of permanence is one of the essential elements which differentiates desertion from wilful separation. If a spouse abandons the other spouse in a state of temporary passion, for example, anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion. For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely, (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). Similarly two elements are essential so far as the deserted spouse is concerned : (1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form the necessary intention aforesaid.”
20. The Hon’ble Supreme Court in Bipinchandra Jaisinghbhai Shah(Supra) has further observed that once it is found that one of the spouses has been in desertion, the presumption is that the desertion has continued and that is not necessary for the deserted spouse actually to take steps to bring the deserting spouse back to the matrimonial home.

Finally in Paras 23 and 24,

23. Applying the provisions of Section 13(ib) of the Act, we find that merely within two months of marriage between the parties, the respondent-wife left the matrimonial home. Neither she made any complaint against the appellant nor did she file petition under Section 9 of the Hindu Marriage Act, 1955 seeking Restitution of Conjugal Rights. No doubt, even appellant has not been able to show before the learned Family Court and even in this Court that he had made any concrete efforts to bring back his wife to the matrimonial home. However, when he approached the court seeking divorce, despite service through publication, the respondent did not appear before the learned Family Court to contest the allegations made by the appellant. The respondent has even abstained herself from appearing before this Court despite service through the SHO concerned. Relevantly, since the marriage in the year 2015 till the year 2023, the respondent has not made any effort to join company of appellant-husband. There is no doubt that respondent has quietly chosen to stay apart from appellant and broken the bond of marriage, though not legally but otherwise.
24. In the light of afore-noted facts and circumstances of the present case, this Court is of the considered opinion that respondent has wilfully deserted the appellant and so, appellant is entitled to get benefit of provision of Section 13(1) (ib) of the Hindu Marriage Act, 1955. The marriage between the parties is thus, dissolved and a decree of divorce is granted. Decree sheet be prepared accordingly.

Gaurav Nighawan Vs Shweta on 05 Jan 2024

Index of Divorce judgments is here.

Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023

Posted on September 24, 2023 by ShadesOfKnife

A division bench of Delhi High Court granted divorce to a couple who are separated for over 17 years…

From Para 17,

17. The divorce has been sought on the ground of cruelty. While “physical cruelty” is visible and easy to comprehend and determine, the more challenging aspect is “mental agony” which has been recognized as part of “cruelty” which once established, is a valid ground of divorce. The contours of “mental cruelty” were defined in case of V. Bhagat v. D. Bhagat (1994) 1 SCC 337, wherein the Hon’ble Supreme Court held that mental cruelty in Section 13(1)(ia) of the Act, 1956 can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put-up with such conduct and continue to live with the other party. It is not necessary to prove that the mental cruelty is such as to cause injury to the health of the party.What is cruelty in one case may not amount to cruelty in another case. It is a matter to be determined in each case having regard to the facts and circumstances of that case.

From Paras 22 and 23,

22. During the trial, the allegations had not been established as held by the Order of Ld. Mahila Court, South District and amounts to a clear and categorical character assassination of the appellant as well as his family members.
23. It is not under challenge that the criminal proceedings under Section 107/151 Cr.P.C. were initiated against the parties. A Police Station is not the best of places for anyone to visit. It is a source of mental harassment and trauma each time he was required to visit the Police Station, like the “Damocles Sword” hanging over his head, not knowing when a case would be registered against him and he would be arrested. The respondent had done everything to get the appellant and his family entrapped in the criminal case. Such conduct of making false allegations and constant threat of being summoned to Police Station are the acts which severely impact the mental balance and all the acts of cruelty.

From Para 27,

27. A law of divorce based mainly on fault is inadequate to deal with a broken marriage. Under the “Fault theory”, guilt has to be proved; divorce courts are presented with concrete instances of human behaviour as they bring the institution of marriage into disrepute. We have been principally impressed by the consideration that once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of the fact, and it would be harmful to society and injurious to the interests of the parties. Where there has been a long period continuous separation, it may be fairly surmised that the matrimonial bond is beyond repair. The marriage becomes a fiction, though supported by a legal tie. By refusing to sever that tie the law in such cases does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. The Family Court ought to have visualised that preservation of such a marriage is totally unworkable which has ceased to be effective and would be a greater source of misery for the parties. The Family Court ought to have considered that a human problem can be properly resolved by adopting a human approach. In the instant case, not to grant a decree of divorce would be disastrous for the parties. Otherwise, there may be a ray of hope for the parties that after a passage of time (after obtaining a decree of divorce) the parties may psychologically and emotionally settle down and start a new chapter in life.

Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023

Citations: [2023 SCC ONLINE DEL 5122]

Other Sources:

https://indiankanoon.org/doc/186009176/

https://www.casemine.com/judgement/in/64e4d541d2752322a69ddb3d

https://www.verdictum.in/court-updates/high-courts/constant-threat-of-arrest-and-wifes-false-allegations-has-become-source-of-mental-cruelty-delhi-hc-grants-divorce-to-aggrieved-husband-1491232

Index of Divorce Judgments here.

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:

XXX Vs YYY 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.

XXX Vs YYY on 11 Oct 2022 Redacted

Note: Redacted the names of parties in the judgment and the title and tag of this page to mask the names of parties, upon the request of wife on 2024/04/13.

Citations:

Other Sources:

Index is here. The wife knocked on the doors of the Apex Court here.

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

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

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/

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

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

Shades of Knife

True Colors of a Vile Wife

Tag: Divorce granted on Desertion ground

Aarti Vs Kishan Meena on 22 Aug 2024

Gaurav Nighawan Vs Shweta on 05 Jan 2024

Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023

Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022

XXX Vs YYY on 11 Oct 2022

Sangeeta Sekhri Vs Sharat Sekhri and Anr on 27 Sep 2022

Renuka Vs Sangappa on 11 Dec 2019

Lavanya Vs Ragavendra Goud on 9 January 2020

Santosh Kumar Vs Asha Budakoti on 13 June, 2013

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