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True Colors of a Vile Wife

Tag: Mutual Consent Divorce

Beena MS Vs Shino G Babu on 04 Feb 2022

Posted on February 28, 2022 by ShadesOfKnife

A Division bench of Kerala High Court held the following in a Divorce Matter, wherein one party is withholding the consent in a irretrievably broken-down marriage.

From Para 5,

5. The husband attributes this conduct as a behavioural disorder. The wife denies the same. We are not able to discern ourselves to classify this as
behavioural disorder or not. There are various types of personality disorders. In the absence of any medical evidence before us, we may not be able to classify this behaviour as a personality disorder. But, we are sure unstable emotions and relationships existed between the parties as revealed from Exts.A2 to A4 e-mail chatting reports and Ext.A5 whatsapp message. If one of the spouses is unable to adjust to such behaviour, that party cannot be found fault with. The obsessive nature of the character possessed by the wife would have led to a deteriorating relationship between the parties from the initial phase of life itself. Chasing happiness based on schedules instead of living in the moment, appears to be the vowed daily life routine adopted by her. She was not realistic to the fact that the secret of marital harmony lies in accepting the life as it unfolds and not becoming a stickler of the schedules or routines. Compulsive obsessiveness is also considered as a disorder. Though we are not sure about attributing the appellant as a person who suffers from such disorder, on going though the evidence, we are certain such attitude and behaviour was unbearable to the husband. If the conduct and character of one party causes misery and agony to the other spouse, the element of cruelty to the spouse would surface, justifying grant of divorce. If the parties cannot mend their ways, the law cannot remain oblivious to those who suffer in that relationship. In any matrimonial relationship, spouses may have a different outlook on the marriage based on faith, perceptions, outlook, attitudes, social ethos, etc. Fearing divorce is repugnant to his or her notion, one would refrain from the divorce based on mutual consent. The court cannot leave the life of a spouse to the mercy of the opposite spouse. Human problem requires resolution consistent with the notion of justice. The husband wants to get out of the misery and agony of the relationship; though, what was portrayed before the court is the fault of the wife, the husband also failed in building the relationship. We made an attempt for conciliation. The said attempt failed. There is no scope for reviving the dead marriage. The Apex Court in Naveen Kohli v. Neelu Kohli [(2006) 4 SCC 558], opined that if the parties cannot live together on account of obvious differences, one of the parties is adamant and callous in attitude for having divorce on mutual consent, such attitude can be treated as the cause of mental cruelty to other spouses.

From Para 6,

6. The law on divorce recognises both fault and consent as a cause for separation. When both the parties are unable to lead a meaningful matrimonial life due to inherent differences of opinion and one party is willing for separation and the other party is withholding consent for mutual separation, that itself would cause mental agony and cruelty to the spouse who demands separation. The purpose of marriage is to hold matrimonial ties lifelong, respecting mutual obligations and rights. The companionship of spouses creates oneness of the mind to walk together. It is through mutual respect and courtship, the companionship is built and fortified. The modern jurisprudence of irretrievable break down to allow divorce is premised on the fact that the spouses can never remain together on account of their differences. If the court is able to form an opinion that due to incompatibility, the marriage failed and one of the spouses was withholding consent for mutual separation, the court can very well treat that conduct itself as cruelty. If one of the spouses is refusing to accord divorce on mutual consent after having convinced of the fact that the marriage failed, it is nothing but cruelty to spite the other spouse. No one can force another to continue in a legal tie and relationship if the relationship deteriorated beyond repair. The portrayal of such conduct through manifest behaviour of the spouse in a manner understood by a prudent as ‘cruelty’ is the language of the lawyer for a cause before the court. This case is also not different. The behavioural disorder pointed out against the appellant in the petition for divorce was essentially reflection of incompatibility that existed between the parties. The husband wants to get out of the struggled relationship, on the projected cause of cruelty with reference to the incidents of misbehaviour. Incompatibility is a factor that can be reckoned while considering the ground for cruelty, if one of the spouses withholds the consent of mutual separation, though incompatibility is not recognised as ground for divorce.

Beena MS Vs Shino G Babu on 04 Feb 2022
Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Beena MS Vs Shino G Babu Divorce granted on Cruelty ground Divorce Granted to Husband Irretrievable Breakdown of Marriage Mutual Consent Divorce Naveen Kohli Vs Neelu Kohli Samar Ghosh vs Jaya Ghosh Work-In-Progress Article | 6 Comments

Shilpa Sailesh Vs Varun Sreenivasan on 06 May 2015

Posted on September 16, 2021 by ShadesOfKnife

 

Shilpa Sailesh Vs Varun Sreenivasan on 06 May 2015

Citations : [2015 SCC ONLINE SC 1073], [2016 SCC 16 352], [2017 SCC CIV 5 817]

Other Sources :

https://www.casemine.com/judgement/in/581180ed2713e179479dfa29

Posted in Supreme Court of India Judgment or Order or Notification | Tagged HM Act Sec 13B - Divorce by Mutual Consent Irretrievable Breakdown of Marriage Mutual Consent Divorce Referred to Large Bench Shilpa Sailesh Vs Varun Sreenivasan Work-In-Progress Article | Leave a comment

Amardeep Singh Vs Harveen Kaur on 12 Sep 2017

Posted on November 4, 2020 by ShadesOfKnife

A division bench of Supreme Court held that the 6 months of cooling period prescribed in Mutual-Consent divorce proceedings under Hindu Marriage Act are directional in nature and not mandatory.

18. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following :
i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;
ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;
iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;
iv) the waiting period will only prolong their agony.

19. The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver.

20. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the concerned Court.

21. Since we are of the view that the period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.
22. Needless to say that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice.

Amardeep Singh Vs Harveen Kaur on 12 Sep 2017

Citations : [2017 SCC 8 746], [2017 SCC ONLINE SC 1073], [2017 AIR SC 4417], [2017 ALT 5 23], [2017 BOMCR 6 773], [2017 CGLJ 4 157], [2017 CTC 5 665], [2017 DLT 242 264], [2017 DMCSC 3 277], [2017 ILR KER 4 1], [2017 ILR 4081], [2017 JLJR 4 21], [2017 JCC 3 2196], [2017 KHC 4 683], [2017 KLJ 4 179], [2017 KLT 4 367], [2017 MPLJ 4 41], [2017 MHLJ 5 804], [2017 PLJR 4 37], [2017 RLW SC 4 2910], [2017 RCR CIVIL 4 608], [2017 SCALE 11 258], [2017 WLN SC 3 145], [2017 SCC CRI 3 505], [2017 SCC CIV 4 804]

Other Sources :

https://indiankanoon.org/doc/79830357/

https://www.casemine.com/judgement/in/59b82810ce686e45ff91e3ea

https://www.indianemployees.com/judgments/details/amardeep-singh-versus-harveen-kaur

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision 6 Months Cooling Period is Directional and not Mandatory Amardeep Singh Vs Harveen Kaur Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Mutual Consent Divorce Reportable Judgement or Order | Leave a comment

Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao on 26 Oct 2020

Posted on November 3, 2020 by ShadesOfKnife

Film maker K Raghavendra Rao’s son Prakash Kovelamudi‘s MCD case disposed of by Bombay High Court, waiving of 6-month cooling period as decided here, as his wife Kanika Dhillon was pregnant with another man.

Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao on 26 Oct 2020

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 6 Months Cooling Period is Directional and not Mandatory Kovelamudi Kanika Dhillon Vs Kovelamudi Surya Prakash Rao Mutual Consent Divorce Sensational Or Peculiar Cases | Leave a comment

Shashi Vs Sunny Bhumbla on 9 January, 2012

Posted on March 17, 2019 by ShadesOfKnife

After Perjury proceedings were re-instated by HC here, knife filed a petition to turn RCR filed by husband into a MCD petition and consequently Divorce is granted by High Court of Punjab and Haryana, after paying a settlement amount of Rs.1,25,000/-

Shashi Vs Sunny Bhumbla on 9 January, 2012

Index of Divorce matters here.

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged HM Act 13(B) - MCD Granted After Settlement Mutual Consent Divorce Shashi vs Sunny Bhumbla | Leave a comment

Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011

Posted on May 19, 2018 by ShadesOfKnife

This is a wonderful judgment from Hon’ble Supreme Court whereby the knife filed a case under Protection of Women from Domestic Violence Act and approached the Hon’ble court with unclean hands and committed fraud upon the Hon’ble.

Key (Tricky) Highlight around applicability of CrPC but not Sec 468 CrPC:

24. Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.

Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011

Citations : [2011 ANJ SC SUPP 2 90], [2012 CRLJ SC 309], [2012 ALLMR CRI SC 369], [2011 CRIMES SC 4 51], [2011 SUPREME 6 181], [2011 RCR CIVIL SC 4 129], [2011 RCR CRIMINAL SC 4 1], [2011 SCC 12 588], [2011 SLT 6 434], [2011 AIOL 597], [2011 SCALE 9 295], [2011 JT 11 177], [2012 SCC CRI 2 614], [2011 ACR SC 3 3544], [2011 DMC SC 3 7], [2011 KCCR 4 3283], [2011 KLJ 3 40], [2011 KLT SN 4 69], [2011 NCC 2 544], [2011 SCR 10 557], [2011 UC 3 1758], [2012 SCC CIV 2 742]

Other Sources :

https://indiankanoon.org/doc/1337239/

https://www.casemine.com/judgement/in/5609af03e4b014971141557d


Another previous judgment cited in this judgment is available here.


Index DV case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Inderjit Singh Grewal Vs State Of Punjab and Anr IPC 191 - Giving false evidence IPC 193 - Punishment for false evidence IPC 40 - “Offence” IPC 43 - “Illegal” Landmark Case Legal Procedure Explained - Interpretation of Statutes Mutual Consent Divorce Order Quashed Perjury - Approached Court with Unclean Hands Protection of Women from Domestic Violence Act 2005 PWDV Act - 1 Year Limitation From Date Of Last Offence PWDV Act Sec 12 - Domestic Violence Application to Magistrate | Leave a comment

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