Knife filed false criminal cases and the husband and his father had to be in police custody for nine days. This is cruelty and hence divorce for husband.
Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020Citations:
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Knife filed false criminal cases and the husband and his father had to be in police custody for nine days. This is cruelty and hence divorce for husband.
Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020Citations:
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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, 2013Citations: [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
Apex Court has held that after acquittal from IPC 498A case, husband can file for divorce under the ground of Cruelty.
Telangana High Court said that,
14…..
Merely because the respondent has sought for maintenance or has filed a complaint against the petitioner for the offence punishable under Section 498-A of IPC, they cannot be said to be valid grounds for holding that such a recourse adopted by the respondent amounts to cruelty.”
The Supreme Court disapproved of this view.
Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019The above observation of the High Court cannot be approved. It is true that it is open for anyone to file complaint or lodge prosecution for redressal for his or her grievances and lodge a first information report for an offence also and mere lodging of complaint or FIR cannot ipso facto be treated as cruelty. But when a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A of IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband. As per pleadings before us, after parties having been married on 14.08.2005, they lived together only 18 months and thereafter they are separately living for more than a decade now.
Citations : [2019 SCC ONLINE SC 1595], [2019 (6) CTC 587]
Other Sources:
https://indiankanoon.org/doc/60266171/
https://www.casemine.com/judgement/in/5e01d7a18ef1524a1e205ef8
The High Court of Telangana decision that got set aside is here.
Index of all Domestic Violence Judgments is here.
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, 2013Reproduced 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
Another thieving knife bites the dust. No alimony for the knife due to the conduct of the knife. Hon’ble Allahabad HC delivered this judgment.
From the perusal of the impugned judgment, we also find that after the examination-in-chief of the respondent, no cross-examination was done for a period of three years and as such having no other alternative, the Court closed the opportunity of cross-examination.
And then,
A perusal of the record further indicates that the appellant also moved an application for summoning the witnesses, which was rejected by the learned court below on 28.05.2004. This order was never challenged by the appellant and as such the same attained finality. An application for amendment of the written statement was also moved by the appellant, which was also rejected on 16.01.2004 and this order also became final as the same was not assailed before any Court. In view of above facts that the appellant did not cross-examine the respondent and also did not produce any evidence, the evidence adduced by the respondent stood un-rebutted. The learned court below has relied upon the evidence of the respondent on the ground that the appellant did not rebut the evidence of the respondent either by cross-examination or by adducing any other evidence. However, the law is that even if the evidence of the respondent remains un-rebutted and the appellant does not produce any evidence in defence, it is the duty of the Court to examine the evidence on record and come to a conclusion as to whether the cruelty as alleged by the respondent has been proved and such cruelty is to such an extent that the marriage between the parties should be dissolved by means of a decree of divorce.
Filing false FIR,
The appellant also lodged a false FIR against the respondent and other members of his family with false allegations of demand of dowry etc. upon which the police conducted the investigation and finally submitted final report. This fact is not disputed by the appellant. However, the appellant filed objection against the submission of the final report of the police upon which the Magistrate summoned the respondent and he had to seek bail from the Court of Judicial Magistrate. The Judicial Magistrate after the trial acquitted the respondent and other members of his family, who were falsely implicated in the said case but they had to undergo mental stress for several years before the court.
Alleged alimony demand for divorce,
The learned court below also tried to amicably settle the dispute by calling upon them before the court but the appellant did not agree without being paid a handsome amount by the respondent. The appellant also moved an application for payment of Rs.70,000/- as alimony and it was clearly mentioned in the said application that she would accept the divorce only in case the aforesaid amount is paid to her. This prima-facie indicates that the appellant instead of making any efforts towards amicable settlement always insisted for the alimony.
Here is another para,
Archana Sharma Vs Mukesh Kumar Sharma on 22 September, 2014Whenever an effort was made for reconciliation, the appellant demanded a handsome amount to settle the matter. Thus, the conduct of the appellant was such that the learned court below did not find it proper to award any permanent alimony. The learned court below on the basis of the evidence has come to the conclusion that the appellant was getting only Rs.3,875/- per month after deduction. The appellant on the other hand was getting salary of Rs.5,631/- per month from Sahara India Office. The learned court below has also found that as required by the Rules, the appellant did not submit any details of her income and keeping in view the income of the appellant as well as that of respondent and also taking into account the conduct of the appellant, she was not entitled for any permanent alimony.
Indiankanoon.org link: https://indiankanoon.org/doc/9174631/
Citation:
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
Index of Divorce judgments is here.
In this FA appeal judgment from Hon’ble High Court of Chhattisgarh, it has granted divorce decree based on the ground of severe metal cruelty to husband and quashed the lump-sum alimony of INR 5,00,000 to the knife, as it was not prayed for in the petition. Maintenance to daughter is held as is.
Shruti Deshpande Vs Shriram Deshpande on 6 March, 2014
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
In this very good divorce judgment from Hon’ble High Court of Bombay, it is held that the knife caused metal cruelty on husband and his parents for the following reason,
the Appellant established that the Respondent could not substantiate the allegations of cruelty in the criminal case. Even the allegations of cruelty made by the Respondent in the written statement in the present case could not be established by her;
The Appellant and his family members were required to attend Criminal Court on 56 different dates from the year 2001 to 2004. Considering the manner in which the criminal case proceeded, the Appellant and his family members were subjected to humiliation, trauma and agony as set out in the deposition of the Appellant;
The Respondent made a very serious defamatory allegation against the Appellant, both in the written statement and in her evidence, that due to ill treatment by the Appellant, she started suffering from arthritis. The Respondent made no efforts to substantiate the said allegation. Thus, the Respondent made unfounded defamatory allegation against the Appellant;
Not only that the Respondent did not substantiate the said allegation, even the cause of death of her father was not brought on record. Even this allegation is an unfounded defamatory allegation;
Citations:
Other Source links:
The Index for Defamation Judgments is here.
The knife made many false allegations on her husband (Pune-based IT Project Manager) in DVC and the Hon’ble High Court of Karnataka has granted Divorce due to this.
The baseless and false allegations are
Amit SO Vinay Welangi Vs Nupur WO Amit Welangi on 1 June, 2018
Patna High Court delivered this judgment based on the mental cruelty the Knife levelled on the husband.
A variety of instances to establish mental cruelty by Knife were vividly brought out in this case.
Key points
In Para 6,
Appellant/wife levelled frivolous and bald allegation against his mother of having illicit relation with his Uncle. Mother of Respondent/husband felt very embarrassed, insulted and pained by such false and reckless allegation.
In Para 7,
On 16.06.1996 Respondent/husband and his mother went to the house of his in-laws where the mother of the husband tried to make her understand not to leave matrimonial home and if there is any problem she must tell family members and hearing this the Appellant/wife became so much furious that she pushed her Mother-in-Law and she fell down causing head injury. On this ungraceful act people surrounded there and asked Appellant/wife about such irratic behaviour and she told that unless and untill Respondent/husband separates him from his family, she won’t enter her matrimonial home otherwise she will set her ablaze.
In Para 8,
Respondent/husband’s family was so much pressurized by the Appellant/wife that there was disruption in the joint family of Respondent/husband and he was allotted a separate share in the joint family property and Respondent/husband had to reside in a single room away from his joint family. A happy joint family was ruined and separated by cruel conduct of Appellant/wife.
In Para 9,
Since the Appellant/wife is daughter of policeman she is a spoiled child, idiot and obstinate and respondent/husband found him self helpless in house of his inlaws and had to tolerate all sorts of insult and humiliation.
Paras 10, 11, 12, 13, 14, 15, 16, 17 and 18 clearly explain the cruel behavior of the Knife.
In Para 15,
After sometime Defendant/wife refused to cohabit with plaintiff and never permitted physical relation with her and failed to perform her marital obligation as wife and has withdrawn from society of her husband.
Rekha Kumari @ Rekha Devi vs Mahesh Kumar on 16 January, 2018
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
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