cruelty as a ground for divorce Archives

Calcutta High Court: Stray instances of living together after separation do not amount to “condonation of cruelty” in divorce proceedings

In the landmark judgment of N.G. Dastane v. S. Dastane, (1975) 2 SCC 326, the Supreme Court held condonation of cruelty under Section 23(1), Hindu Marriage Act and the corresponding provisions of the Special Marriage Act, a mitigating factor in grant of divorce on the ground of cruelty.

Case Briefs High Courts

Apathy towards aged in-laws, prolonged denial of intimacy and false complaints against husband amounts to cruelty: Delhi HC

“Sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond.”

Case Briefs Supreme Court

Supreme Court | Continuation of irretrievably broken down marriage spells cruelty to both parties; can be read as a ground for divorce under Hindu Marriage Act

Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.