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“Any successful marriage is built on mutual respect and faith. If either is compromised beyond a level, the end of the relationship is inevitable as no relationship can stand on half-truth, half-lies, half-respect and half-faith.”
“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”
“In absence of any proceedings for restitution of conjugal rights by either party, the court below ought to have granted a decree for judicial separation by way of alternative relief”
“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”
The case at hand presents a tragedy, wherein the continuous demands of dowry made by the appellant pushed the deceased into a despair so profound that she felt compelled to take her own life. This serves as a reminder of how the forces of greed can often eclipse the sanctity of human life and the bonds of matrimony.
“Additionally, the attempted mediation settlement was also violated by the wife, who only wanted to enjoy the monetary benefits arising out of the settlement but never wanted to fulfil her end of the bargain”
“It cannot be stated that the allegations attributed to the husband were completely wrong, but the facts would reveal that the allegations were made on account of the abnormal unexplained behaviour of the husband.”
“It is well settled that in the matrimonial house, the wife should not be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.”
With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.
“In the Indian context where the husband has chosen to be in a joint family with his parents, he cannot be forced to separate from the first day of his marriage merely on the whims of his wife.”
Kerala High Court had also requested the parties to think about reconciliation, but that did not work out.
“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.”
“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.”
A quick legal roundup to cover important stories from all High Courts this week.
“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.”
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.
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.
“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”
“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.”
“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.”