Marriage cannot be revived, retaining such a marriage itself a cruelty: Kerala High Court grants divorce
Kerala High Court had also requested the parties to think about reconciliation, but that did not work out.
Cruelty
Family Court cannot grant divorce on the ground of irretrievable breakdown of marriage: Delhi High Court
“Family Courts must restrict their considerations to the parameters of the provision of grant of divorce strictly in accordance with the Hindu Marriage Act, 1955 (‘Act’). Irretrievable breakdown of marriage is not a ground in the Act.”
Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act
“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”
HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Teacher-Recruitment scam; Omar Abdullah; Senthil Balaji; Live-in Relationships; and more
A quick legal roundup to cover important stories from all High Courts this week.
Complaints which are not substantiated by evidence, and remain unproved are acts of cruelty: Delhi High Court upholds the divorce decree
“Thus, while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents.”
Cruelty and Dowry Death | ‘Rare and exceptional case’ prompts Bombay High Court to stay conviction of mother-in-law
Bombay High Court expressed that it was persuaded to stay her conviction due to the fact that she was employed as a sweeper and had to provide for basic needs of her grandchildren.
Day to day bickering between husband-wife does not amount to cruelty under Section 498A of the IPC: Calcutta High Court
Calcutta High Court held that there were latches on the part of the Trial Court in appreciation of evidence with regards to the alleged offence under Section 498A of the IPC.
Supreme Court quashes S.498A IPC case against in-laws; calls allegations “Far-fetched and improbable”
“The fact that wife confessed making a vicious complaint against her brother-in-law to the High Court clearly shows that her motives were not clean insofar as her brother-in-law is concerned, and she clearly wanted to wreak vengeance against her in-laws”
Misuse of Section 498-A IPC| Madhya Pradesh High Court quashes criminal case against in-laws, calls it “a case of reverse cruelty”
“Now a day it is very common for the husband and wife to reside or do jobs outside of India and their parents are made to suffer in India by way of criminal or matrimonial litigation.”
‘Mere fining not sufficient’; Uttaranchal High Court directs State to blacklist handlers/owners who subject their Equines to cruelty, maltreatment
“The District Magistrate concerned is to ensure that sufficient police force is deployed at barrier to prevent forced unauthorized entry into Yatra Route by unregistered handlers, along with their unregistered Equines and any other routes, which are not barricaded, should be blocked to prevent unauthorized entry.”
“Unproven Extra-Marital Affair allegations do not constitute cruelty”; Delhi High Court sets aside Divorce Order
In the present case, though the wife had made allegation of extra-marital affair against her husband in her written statement, nonetheless, when the husband entered-into the witness box and tendered his affidavit in evidence, he did not whisper even a word in this regard.
Insulting husband over dark complexion and levelling false allegations to cover up the same, constitutes cruelty: Karnataka HC
In this case, the husband had petitioned for dissolution of his marriage on grounds of cruelty, but the Family Court dismissed his petition. However, the High Court upon close scrutiny of evidence on record, set aside the Family Court’s decision.
Mental Cruelty is subjective and varies from person to person; Calcutta High Court acquits accused in alleged domestic cruelty case
Calcutta High Court held the trial court’s findings were not aligned with the legal requirements for cruelty under Section 498A IPC.
Delay of nine months in lodging of FIR by wife; Delhi High Court grants anticipatory bail to husband accused of rape, sexual harassment, cruelty
“During the said period of trial, there is no occasion for the applicant to keep him languishing behind the bars, as it would serve no purpose especially in view of the aforesaid and as it is a trite law that no person is presumed guilty until proven otherwise.”
Taking recourse to ‘law’ would not amount ‘cruelty’; Delhi High Court dismisses petition of dissolution of marriage on account of cruelty
In the peculiar facts of the present case, taking recourse to law, cannot be, by any stretch of imagination, labeled as an instance of cruelty.
Inability to bear a child is neither impotence nor a ground for dissolving marriage: Patna High Court
“Developing any disease during the continuation of marriage is not within the control of any spouse. In such a situation, the other spouse has a marital duty to co-operate and bear with it and help the other spouse.”
Complaint under S. 498-A, IPC filed by the second wife against the husband and in-laws cannot be maintainable: Karnataka High Court
The Court pointed out that ‘woman’ as per S. 498-A, IPC means and includes a legally wedded wife.
Can initiation of proceedings by wife for vindication of her rights considered to be mental cruelty? Madras High Court answers
When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights
Does harassment of wife due to sarcastic remarks attracts penal provisions for abetment to suicide per se? J&K and Ladakh HC answers
The Court was considering a case where a wife had set herself ablaze after having telephonic conversation with her husband who refused to come back and live with her and asked her to go from where she had come.
Married woman cannot claim breach of promise to marry: Karnataka High Court
The Court pointed out that merely because the petitioner provided monetary help to the woman, it cannot be said that they are married. Since the woman was already married, there is no case of breach of promise to marry either.