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“So far as the medical examination to ascertain whether the wife has ever entered into a sexual relationship or not, is concerned, it is nothing but seeking a virginity test of the wife, in other words.”
“The conduct of the wife by concealing the material fact about her age and her conviction of life in a murder case, before contracting marriage, has caused mental agony to the husband to such an extent that it is almost impossible for them to live together.”
“Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A of the IPC, but cannot be prosecuted as rape under Section 376 of the IPC as in a Section 377 context, marital rape concept is not recognized under current law because of the express marital exception in Section 375.”
“Such intimidation and infliction of emotional and psychological distress using wife’s past history to blackmail itself constitutes mental cruelty.”
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The Court noted that the wife admitted in her written statement and oral testimony that after taking medication she had become capable of bearing children.
Covering all the important criminal cases across various High Courts and the Supreme Court, this roundup provides a quick summary of cases, links to other roundups, latest legal updates in criminal law and a few top stories of the month.
Catch up with the latest developments in Family and Personal Laws across various High Courts and Supreme Court.
A quick legal roundup to cover important stories from all High Courts this week.
The Court remarked that when the other party opposes the prayer for divorce despite their being no possibility of them living together, such conduct of party deriving pleasure from difficulties and tension of the other party also amounts to cruelty.
“The husband married the wife of his own volition through social media, and if household habits or lifestyle preferences were material factors to him, they could have been ascertained before marriage.”
“The only reason why the Trial Court found that the wife has treated the husband with cruelty is, that the testimony of the husband had gone unchallenged.”
“Sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond.”
“A persistent resolved attitude of respondent-wife to see that her husband is ridiculed and humiliated in his social circle as an alcoholic is definitely a serious affair.”
“The Court explained that mere general allegations of harassment and cruelty without pointing out the specific details would not be sufficient to continue criminal proceedings against any person”.
“Her behaviour, including instigating the daughter against the father, making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrated a pattern of mental harassment and disregard for the matrimonial bond.”
It is quite understandable that being the deceased’s father, he would have been highly traumatized due to untimely death of his daughter. However, it is quite evident from his first statement that no details of the alleged harassment of the daughter were mentioned.
“She did not use her sufferings for gain of sympathy, instead she channelled it inward, reflecting the Hindu ideal of the woman as Shakti – not weak, but submissive and powerful in her endurance and grace.”
Covering all the important family law cases across various High Courts and the Supreme Court as well as the legislative updates, this roundup provides a quick summary of cases, latest legal updates in family law and links to other roundups.
“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”