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Cruelty

Case BriefsHigh Courts

Utt HC | Instances of cruelty not taken in isolation but cumulative effect thereof considered; divorce petition rejected 

Uttaranchal High Court: The Division Bench of Alok Singh and Ravindra Maithani, JJ. contemplated the present appeal filed by the appellant-husband, where the

Published on July 6, 2019July 10, 2019By Bhumika Indulia
Leave a comment3070 views
Case BriefsHigh Courts

Utt HC | Power under S. 482 CrPC should not be exercised to stifle legitimate trial and in cases where facts are hazy; criminal application dismissed

Uttaranchal High Court: N.S. Dhanik, J. contemplated a criminal application for quashing of the FIR filed against the applicant-husband by his wife

Published on June 21, 2019June 27, 2019By Bhumika Indulia
Leave a comment1916 views
Case BriefsHigh Courts

Utt HC | Non-disclosure of major ailments before marriage amounts to ‘cruelty’ although the aliments itself are no grounds for divorce; dissolution of marriage upheld

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Ramesh Chandra Khulbe, JJ. entertained an appeal by the appellant-wife under Section

Published on June 10, 2019June 21, 2019By Bhumika Indulia
Leave a comment4884 views
Case BriefsHigh Courts

All HC | Sex against order of nature, against the wishes of wife – a criminal offence and marital wrong amounting to cruelty, which is a ground for dissolution of marriage

Allahabad High Court: A Division Bench of Shashi Kant Gupta and Pradeep Kumar Srivastava, JJ. affirmed the Judgment of lower court granting

Published on June 10, 2019June 14, 2019By Bhumika Indulia
Leave a comment8472 views
Case BriefsHigh Courts

Del HC | Charges under Ss. 306 and 498-A IPC are independent of each-other; discharge under one does not ipso facto amount to acquittal for another

Delhi High Court: Sanjeev Sachdeva, J. dismissed a criminal revision petition filed against the order of the trial court whereby charge under Section

Published on May 30, 2019June 4, 2019By Bhumika Indulia
Leave a comment4109 views
Case BriefsHigh Courts

Utt HC | Physically assaulting husband’s mother also amounts to ‘mental cruelty’ and is a legitimate ground for divorce

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and R.C. Khube, JJ. entertained an appeal filed against the impugned judgment and

Published on May 29, 2019May 31, 2019By Bhumika Indulia
Leave a comment3888 views
Case BriefsSupreme Court

Woman driven out of matrimonial home can file case under Section 498-A from the place she has taken shelter at [Full Report]

Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and L. Nageswara Rao and SK Kaul, JJ delivered a very important judgment

Published on April 9, 2019April 18, 2019By Prachi Bhardwaj
2 Comments11539 views
Case BriefsHigh Courts

Del HC | Divorce granted on ground of cruelty set aside for non-fulfilment of requirements of Rule 7 of Hindu Marriage Rules

Delhi High Court: A Bench of Jyoti Singh and G.S. Sistani, JJ., allowed an appeal filed by the appellant-wife against the judgment of

Published on March 28, 2019March 29, 2019By Bhumika Indulia
Leave a comment9145 views
Case BriefsHigh Courts

Del HC | Mere bickering doesn’t constitute offence under Ss. 304-B and 498-A IPC; in laws living in separate house discharged

Delhi High Court: Sanjeev Sachdeva, J., allowed a petition filed by in-laws of the deceased (wife) against the order of the trial court

Published on March 15, 2019March 16, 2019By Bhumika Indulia
1 Comment5137 views
Case BriefsHigh Courts

Del HC | Specificities of date and time not necessary in divorce petition under S. 13(1)(i-a) HMA, where wife leads evidence

Delhi High Court: The Division Bench of G.S. Sistani and Jyoti Singh, JJ., directed a divorce decree sheet to be drawn up in

Published on February 27, 2019March 2, 2019By Bhumika Indulia
Leave a comment5826 views
Case BriefsHigh Courts

Bom HC | “Consensual Sexual Gay Relationship” of a married man — Ground for divorce; not an offence under S. 377 IPC

Bombay High Court: The Bench of Mridula Bhatkar, J. quashed and set aside the order passed by Additional Sessions Judge,  refusing to

Published on February 6, 2019February 8, 2019By Bhumika Indulia
Leave a comment6261 views
Case BriefsHigh Courts

Del HC | Section 498-A IPC is continuing offence; wife not barred to claim maintenance under DV Act even after 3 years

Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. dismissed a criminal writ petition filed by the husband praying quashing

Published on December 19, 2018January 18, 2019By Bhumika Indulia
8 Comments9994 views
Case BriefsHigh Courts

Madras HC considers irretrievable breakdown of marriage as a valid ground for divorce

Madras High Court: A Bench comprising of V.M. Vellumani, J. has held in the case of matrimonial dispute regarding the irretrievable breakdown

Published on December 15, 2018December 28, 2018By Bhumika Indulia
Leave a comment5042 views
Case BriefsHigh Courts

Repeated attempts by wife to commit suicide amounts to extreme cruelty; divorce granted

Delhi High Court: A Division Bench comprising of G.S. Sistani and Jyoti Singh, JJ. dismissed an appeal against the judgment of Family Court

Published on November 30, 2018December 1, 2018By Bhumika Indulia
Leave a comment7522 views
Case BriefsHigh Courts

Maintenance application followed by a complaint for cruelty indicates weak evidence: Chhattisgarh HC

Chhattisgarh High Court: A Single Judge Bench comprising of Vimla Singh Kapoor, J. dismissed a revision petition on account of it lacking

Published on November 29, 2018December 5, 2018By Bhumika Indulia
Leave a comment3162 views
Case BriefsHigh Courts

No wife will ever in defense plead an act of forced sodomy to allege cruelty against her husband; such act of ‘cruelty’ need not be backed by evidence: Uttaranchal HC

Uttaranchal High Court: A Division Judge Bench comprising of Sharad Kumar Sharma and Sudhanshu Dhulia, JJ. declared that denial of cruelty by

Published on November 20, 2018November 20, 2018By Bhumika Indulia
Leave a comment2783 views
Case BriefsHigh Courts

Husband acquitted from charge of abetting wife’s suicide on absence of instigation or provocation

Calcutta High Court: A Division Bench comprising of Md. Mumtaz Khan and Jay Sengupta, JJ. partly allowed the appeal of the appellant-husband

Published on September 5, 2018September 19, 2018By Bhumika Indulia
Leave a comment5402 views
Case BriefsHigh Courts

Court not empowered to dissolve marriage on the ground of irretrievable breakdown: Delhi HC

Delhi High Court: A Single Judge Bench comprising of J.R. Midha, J. dismissed the appeal filed by the appellant-husband against the order

Published on August 23, 2018August 27, 2018By Bhumika Indulia
4 Comments3421 views
Case BriefsHigh Courts

Using consent for dissolution of marriage to gain advantage in other litigations constitute ‘cruelty’ under Hindu Marriage Act  

Delhi High Court: A Single Judge Bench comprising of Rajiv Sahai Endlaw, J. allowed an appeal filed under Section 28 of Hindu

Published on August 18, 2018August 20, 2018By Bhumika Indulia
Leave a comment4352 views
Case BriefsSupreme Court

Conviction under Sections 498-A and 306 IPC maintained; held leniency to the same would be misplaced: SC

Supreme Court: The Bench comprising of R. Banumathi and Vineet Saran, JJ., ordered for refusal of modification in quantum of sentence as

Published on August 16, 2018August 18, 2018By Bhumika Indulia
Leave a comment5052 views

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