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Cruelty

Case BriefsHigh Courts

Bom HC | No decision on divorce petition, yet wife creates matrimonial profile expressing will for second marriage. Can this be a ground for divorce?

Bombay High Court: The Division Bench of A.S. Chandurkar and G.A. Sanap, JJ. addressed whether prior to the decision on divorce petition,

Published on August 31, 2021September 1, 2021By Bhumika Indulia
1 Comment4005 views
Legal RoundUpWatch Now

SCC Online Weekly Rewind Episode 23 ft. Devika Sharma

SCC Online Weekly Rewind Episode 23rd ft. Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode

Published on August 19, 2021August 19, 2021By Bhumika Indulia
Leave a comment2247 views
Case BriefsHigh Courts

[Marital Rape] Ker HC | Is marital rape a form of cruelty? Can it be a ground for divorce? HC examines

Kerala High Court: The Division Bench comprising of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that merely for the reason that

Published on August 10, 2021August 10, 2021By Editor_4
1 Comment7257 views
Case BriefsHigh Courts

Ker HC | Does false accusation of unchastity amount to cruelty? Can it be the ground for divorce? HC answers

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that unsubstantiated allegation of unchastity against wife

Published on July 1, 2021July 1, 2021By Editor_4
Leave a comment5001 views
Case BriefsHigh Courts

Bom HC on Cruelty & Desertion | Wife wishing to stay abroad. Is that an act of selfishness? Can it be ground of divorce? Court answers

Bombay High Court: The Division Bench of Ujjal Bhuyan and Prithviraj K. Chauhan, JJ., held that wife wishing to stay abroad with

Published on June 29, 2021July 9, 2021By Bhumika Indulia
Leave a comment4655 views
Case BriefsHigh Courts

Cal HC | Is mere demand of money, property, etc. sufficient to penalise for demanding dowry? Court answers; says gifts exchanged out of love are not dowry

Calcutta High Court: Bibek Chaudhuri, J., expressed that, voluntary presents given at or before or after the marriage to the bride or

Published on June 25, 2021July 2, 2021By Bhumika Indulia
Leave a comment6198 views
Case BriefsHigh Courts

S. 304-B IPC and S. 113-B of Evidence Act are decisive provisions to ascertain unnatural death as dowry death: Allahabad HC explains

Allahabad High Court: Dinesh Pathak, J., addressed a matter of dowry death and upheld the lower court’s decision. Factual Matrix An FIR

Published on June 14, 2021June 18, 2021By Bhumika Indulia
Leave a comment5125 views
Case BriefsSupreme Court

Explained| Cruelty and Dowry Death: Can conviction under Section 304-B IPC sustain without any charges under Section 498A IPC?

Supreme Court: In a case relating to dowry death, where it was argued by the accused that without any charges under Section

Published on June 9, 2021June 11, 2021By Prachi Bhardwaj
Leave a comment20576 views
Case BriefsHigh Courts

Ker HC | Malevolent intention is not essential to cruelty; HC grants divorce on the ground of cruelty for making false allegation of impotency

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that false allegation of impotency amounts to

Published on June 7, 2021June 11, 2021By Editor_4
Leave a comment3531 views
Case BriefsHigh Courts

Madras HC | 12 long years of proceedings, but no appearance of wife. Assault on husband’s vital body part, not denied. Can her appeal against dissolution of marriage be still accepted? Read on

Madras High Court: The Division Bench of T. Raja and G. Chandrasekharan, JJ., while upholding the decision of Court below stated that

Published on June 2, 2021June 11, 2021By Bhumika Indulia
Leave a comment4147 views
Case BriefsSupreme Court

Judges need to be extra careful while conducting criminal trials relating to dowry deaths: Supreme Court [Read guidelines]

Supreme Court: In a case relating to dowry death, the bench of NV Ramana*, CJ and Aniruddha Bose, J has said that

Published on May 30, 2021June 4, 2021By Prachi Bhardwaj
Leave a comment4958 views
Case BriefsSupreme Court

After one year of marriage, woman burnt to death over dowry. Supreme Court finds accused guilty; explains the true import of “soon before” under Section 304-B IPC

“When the legislature used the words, “soon before” they did not mean “immediately before”. Rather, they left its determination in the hands of the courts.”

Published on May 29, 2021June 14, 2021By Prachi Bhardwaj
Leave a comment6880 views
Case BriefsHigh Courts

Madras HC | 25 long years of separation, but no decree of divorce granted – Why? Read whether HC dissolves the marriage or not

Madras High Court: T. Raja, J., in the present matter while considering the long separation of parties for almost a quarter-century, granted

Published on May 21, 2021May 28, 2021By Bhumika Indulia
Leave a comment4542 views
Case BriefsHigh Courts

[Cruelty by Wife] Cal HC | Reckless allegations against husband corroborated by daughter. Affidavit of daughter how far can corroborate husband’s allegations? Court determines while confirming divorce decree against wife

Calcutta High Court: A Division Bench of Arindam Sinha and Suvra Ghosh, JJ. confirmed a decree of divorce passed in favour of

Published on April 8, 2021April 8, 2021By Bhumika Indulia
Leave a comment6545 views
Case BriefsHigh Courts

Del HC | Is it within Court’s power to direct for further investigation on finding defects in the same? Death caused by suicide, Allegations of Dowry Death | Why FIR was registered after 10 months of deceased’s death? [Detailed Report]

Delhi High Court: Subramonium Prasad, J., expressed that: “Courts must not close its eyes to the fact that it is the victim

Published on April 6, 2021April 16, 2021By Bhumika Indulia
Leave a comment3564 views
Case BriefsHigh Courts

Gau HC | “Nature of injury does not suggest that the appellant acted in cruelty”; HC converts conviction for murder into culpable homicide

Gauhati High Court: The Division Bench of Suman Shyam and Mir Alfaz Ali, JJ., heard the instant petition against the judgment and

Published on March 9, 2021March 12, 2021By Editor_4
Leave a comment2984 views
Case BriefsHigh Courts

Bom HC | Husband alleged that wife hid her actual date of birth & since he intended to marry a ‘Mangalik Yog’ girl, fraud was played upon him. Here’s how HC solved the matter

Bombay High Court: The Division Bench of A.S. Chandurkar and N.B. Surawanshi, JJ., upheld the decision of the family court. Present appeal

Published on March 1, 2021March 5, 2021By Bhumika Indulia
1 Comment5482 views
Case BriefsSupreme Court

Malicious allegations against spouse costing him his job and reputation not an attempt to preserve the relationship but a definite case of mental cruelty: Supreme Court

“When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.”

Published on February 27, 2021March 5, 2021By Prachi Bhardwaj
Leave a comment5762 views
Case BriefsHigh Courts

Bom HC | Husband making wild allegations that wife, her relatives, secured false certificates to get employment. Does husband’s conduct amount to ‘Mental Cruelty’ to wife? HC explains while upholding Family Court’s decision

Bombay High Court: The Division bench of A.S. Chandurkar and Pushpa V. Ganediwala, JJ., upheld the family court’s finding that “the behaviour

Published on February 24, 2021March 5, 2021By Bhumika Indulia
Leave a comment3033 views
Case BriefsHigh Courts

All HC | Woman commits suicide after various cases against her, being subjected to harassment at matrimonial home. Can a case of abetment of suicide be established? HC discusses

Allahabad High Court: Dinesh Kumar Singh-I, J., while discussing abetment of suicide, stated that: “…if some act either of omission or commission

Published on January 28, 2021February 5, 2021By Bhumika Indulia
1 Comment4507 views

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