divorce Archives | Page 3 of 10

Does incessantly filing complaints for tarnishing one’s reputation amount to mental cruelty? Punjab & Haryana High Court answers

Punjab & Haryana High Court: While deciding an appeal arising from a divorce petition, the bench of Ritu Bahri, J. and Meenakshi

Case Briefs High Courts

Kerala HC | Whether husband going abroad for employment amount to desertion and cruelty? HC decides

Kerala High Court: The Division Bench comprising A. Muhamed Mustaque and Sophy Thomas, JJ., held that cruelty has to be assessed from

Case Briefs High Courts

Wife pressing uncorroborated allegations on husband being impotent amounts to cruelty under S. 13(1) (ia) of the Hindu Marriage Act, 1955; Kar HC grants divorce

There is no straight-jacket formula when considering the term “cruelty” and it depends upon the established pleadings and evidence on record and the inference has to be drawn from the attending facts and circumstances taken cumulatively

High Court Round Up Legal RoundUp

100 Reports from 22 High Courts | Marital Rape, Taj Mahal Case, Maternity Benefit, Right of Press, Provocative Slogans and more | May RoundUp 2022

TOP STORY OF THE MONTH Marital Rape Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist?

Case Briefs High Courts

HP HC | The findings in a proceeding under S. 125 CrPC cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. remarked “there has been no matrimonial relationship between the parties for the last nearly

Case Briefs High Courts

If a husband stops talking to the wife, would that cause mental cruelty? P&H HC elaborates

Punjab and Haryana High Court: In a matter with regard to mental cruelty, the Division Bench of Ritu Bahri and Ashok Kumar

Case Briefs High Courts

If divorce is declared in one go and Fatwa is issued, Is muslim wife entitled to maintenance under S. 125 CrPC? All HC answers

Allahabad High Court: Brij Raj Singh, J., while addressing a maintenance case, observed that if a wife proves that she is unable

Case Briefs High Courts

Can filing of divorce petition by husband be an act of ‘Cruelty’? Bom HC elaborates

Bombay High Court: Vibha Kankanwadi, J., held that, if a husband files a divorce petition that cannot be taken as an act

Case Briefs High Courts

Irretrievable breakdown of Marriage: Chh HC dissolves marriage on appeal filed by husband against trial court order

Chhattisgarh High Court: Sanjay S. Agrawal, J., reversed the judgment of the trial court and granted divorce in an application filed by

Case Briefs High Courts

MP HC | Woman is considered half of her husband and thus completes him. While a man is also considered incomplete without a woman; Appeal for divorce dismissed

Madhya Pradesh High Court: The Division Bench of Vivek Rusia and Amar Nath (Kesharwani), JJ. dismissed the first appeal filed by the

Case Briefs High Courts

Can filing of a maintenance proceeding, a criminal case for harassment be said to be sufficient to jump to a conclusion that wife intended to harass husband and his relations? Bom HC throws light

Bombay High Court: In a matter of matrimonial discord, Mangesh S. Patil, J., expressed that, when admittedly, for whatever reason, there was

Case Briefs High Courts

Whether denial of sex can qualify as “exceptional depravity” under S. 14 of the Hindu Marriage Act and allow waiver of one-year mandatory period? Del HC unfolds

Delhi High Court: Noting that, Section 14 of the Hindu Marriage Act intends to discourage the couples from breaking the sacred bond

Case Briefs High Courts

MP HC | Mental cruelty inflicted by the wife over her husband through her conduct a valid ground for divorce; Court allows appeal

Madhya Pradesh High Court: The Division Bench of Sheel Nagu and Anand Pathak, JJ., allowed an appeal which was preferred under Section

Op Eds OP. ED.

Irretrievable Breakdown of Marriage as a Ground for Divorce

by Ioli Shukla*

Case Briefs High Courts

Unworkable Marriage | Wife makes unfounded, indecent and defamatory allegations against husband to his senior officers, destroying his career & reputation: Mental Cruelty or not? P&H HC elaborates

Punjab and Haryana High Court: Expressing that, Matrimonial cases are matters of delicate human and emotional relationship, the Division Bench of Ritu

Case Briefs High Courts

Whether husband is entitled to claim alimony under Section 25 of the Hindu Marriage Act, 1955? Bom HC decides

Bombay High Court: Bharati Dangre, J., held that provision of maintenance/permanent alimony being a beneficial provision for the indigent spouse, Section 25

High Court Round Up Legal RoundUp

112 Reports from 22 High Courts: Hijab Ban, Son’s Right on Parent’s Property, Right of Putative Father, Live-in Relationships and more| March RoundUp 2022

112 significant Reports from 22 High Courts Allahabad High Court Right to Reputation People using cyberspace to vent out anger and

Case Briefs High Courts

Tri HC | Unable to approve this kind of matrimonial conduct or filing a suit for divorce on such coloured narrative; Court dismisses appeal in matter of divorce

Tripura High Court: The Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ. dismissed an appeal which was filed under Section 28

Op Eds OP. ED.

Husband owns wife’s body after marriage: What is holding back India to criminalise this misogyny?

Decades have passed, several amendments have been introduced, yet no specific provision to punish a man indulging in sexual acts with his

Case Briefs High Courts

At odd hours, if wife continues making discreet phone calls with another man even after a warning by husband, would it constitute matrimonial cruelty? Ker HC decides

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Dr Justice Kauser Edappagath, JJ., held that, despite a warning by