web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Narendra Vs K.Meena

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

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023 September 24, 2023
  • Judgments on Transfer Petitions September 23, 2023
  • Implementation of A4 paper usage in District Courts in Andhra Pradesh September 22, 2023
  • Showkat Aziz Zargar Vs Nabeel Showkat and Anr on 02 Sep 2022 September 18, 2023
  • Sumeet Vs Himani Sumeet Ninave Nee on 29 Mar 2023 September 15, 2023

Most Read Posts

  • In Re Policy Strategy for Grant of Bail (Guidelines Issued) on 31 Jan 2023 (3,024 views)
  • Sindhu Janak Nagargoje Vs The State of Maharashtra and Ors on 08 Aug 2023 (2,062 views)
  • Rakesh Raman Vs Kavita on 26 Apr 2023 (1,621 views)
  • Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 (1,589 views)
  • Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023 (1,452 views)
  • Captain Manjit Singh Virdi (Retd.) Vs Hussain Mohammed Shattaf and Ors on 18 May 2023 (1,282 views)
  • Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 (1,170 views)
  • Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 (1,151 views)
  • Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 (1,094 views)
  • Pravasi Legal Cell Vs Union of India and Ors on 20 Mar 2023 (997 views)

Tags

Reportable Judgement or Order (352)Legal Procedure Explained - Interpretation of Statutes (344)Landmark Case (330)2-Judge (Division) Bench Decision (285)Catena of Landmark Judgments Referred/Cited to (229)Work-In-Progress Article (217)1-Judge Bench Decision (187)Sandeep Pamarati (91)3-Judge (Full) Bench Decision (86)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (56)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)Not Authentic copy hence to be replaced (38)CrPC 482 - Quash (38)Advocate Antics (35)HM Act 13 - Divorce Granted to Husband (34)Rules of the Act/Ordinance/Notification/Circular (33)

Categories

Supreme Court of India Judgment or Order or Notification (656)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (300)High Court of Andhra Pradesh Judgment or Order or Notification (161)High Court of Delhi Judgment or Order or Notification (113)High Court of Bombay Judgment or Order or Notification (94)High Court of Karnataka Judgment or Order or Notification (73)High Court of Madras Judgment or Order or Notification (58)General Study Material (55)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)High Court of Punjab & Haryana Judgment or Order or Notification (46)LLB Study Material (45)High Court of Allahabad Judgment or Order or Notification (43)District or Sessions or Magistrate Court Judgment or Order or Notification (42)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (31)High Court of Madhya Pradesh Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (20)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on All Reliefs from Judiciary
  • Anuj Rathi on All Reliefs from Judiciary
  • ShadesOfKnife on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • HARPREET KAUR on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • ShadesOfKnife on All Reliefs from Judiciary

Archives of SoK

  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (100)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • MIA (Miami) on 2023-10-10 October 10, 2023
    THIS IS A SCHEDULED EVENT Oct 10, 03:30 - 10:00 UTCSep 12, 05:40 UTCScheduled - We will be performing scheduled maintenance in MIA (Miami) datacenter on 2023-10-10 between 03:30 and 10:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • ORD (Chicago) on 2023-10-05 October 5, 2023
    THIS IS A SCHEDULED EVENT Oct 5, 03:00 - 10:00 UTCSep 26, 15:00 UTCScheduled - We will be performing scheduled maintenance in ORD (Chicago) datacenter on 2023-10-05 between 03:00 and 10:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • AKL (Auckland) on 2023-10-03 October 3, 2023
    THIS IS A SCHEDULED EVENT Oct 3, 12:00 - 20:00 UTCSep 26, 02:40 UTCScheduled - We will be performing scheduled maintenance in AKL (Auckland) datacenter on 2023-10-03 between 12:00 and 20:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 15.204.204.2 | S September 25, 2023
    Event: Bad Event | Total: 99 | First: 2023-09-15 | Last: 2023-09-25
  • 194.180.48.96 | S September 25, 2023
    Event: Bad Event | Total: 239 | First: 2023-09-04 | Last: 2023-09-25
  • 103.240.254.121 | SD September 25, 2023
    Event: Bad Event | Total: 1,667 | First: 2017-02-14 | Last: 2023-09-25
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1219 access attempts in the last 7 days.

pixel