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“If the wife ill-treated the children, it would certainly cause an apprehension in the husband’s mind that it would be harmful or injurious for him to live with her where the expression ‘harmful or injurious’ was not confined to physical acts alone, but extended to mental torture as well.”
‘This Court treats it very seriously and condemns the conduct of the husband as on one hand, he has shown his bona fide intent to take care of his two daughters, who are aged about seventeen and twelve years respectively but on the other hand he did not disclose his income in figure.’
“The object of awarding interim maintenance is only to ensure that the wife has sufficient income to enable her to maintain herself and the said sustenance is not mere survival, but should be on the same lines of a comfortable lifestyle that she would have had in the matrimonial home.”
Directing the wife to not to use her influence as IPS officer, the Court dissolved the marriage between the parties and stated that guidelines framed by Allahabad High Court vis-a-vis ‘Constitution of Family Welfare Committees’ shall be implemented by the appropriate authorities.
Wife’s proposal for Khula takes immediate effect upon the demand being made, provided that the matter remains within the private, non-adjudicatory realm of the parties.
The Court opined that the appellant was entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage, and which reasonably secures her future.
The Family Court while decreeing the dissolution marriage, had directed the appellant-husband to pay a sum of Rs. 70 lakhs towards permanent alimony to the respondent-wife.
“Women are the primary victims in most situations, but that does not mean that men are not affected by the cruelty of women. Therefore, there is necessity for a gender-neutral society”.
“Differences of perception towards life may give rise to different behaviours by individuals. Such a difference of perception and behaviour may be described as cruel by others by observing the behaviour of another. At the same time, such perceptions are neither absolute nor such as may themselves give rise to allegations of cruelty unless observed and proven facts are such as may be recognized in law to be acts of cruelty.”
“It is a collective duty of both husband and wife to wither the trivial issues which are normal in a matrimonial life and mutual respect to the decision of each other appears to be the hallmark of the society. Even the Constitution recognises equality in gender and, therefore, the husband to be put on higher degree than that of the wife is unacceptable.”
Azoospermia means there is an absence of live spermatozoa in the semen. There could be various causes for such a condition, including obstruction of the tubules or ducts, i.e., the reproductive tract, or even due to infection, retrograde ejaculation or aspermatogenesis. Thus, azoospermia is categorized under two heads: obstructive and nonobstructive.
Madras High Court said that the wife was always ready and willing to live with the husband along with two children. It is the husband, who is running away from the matrimonial home without discharging his duty and responsibility as a husband.
“Under the Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wives equally”
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.
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.
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.
The High Court was bewildered that such a flawed rationale was applied to deny relief to an estranged couple.
Going by the seniority rule of the Supreme Court Judges, Justice Sanjiv Khanna is in line to become the next Chief Justice of India in November 2024.
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.
Bombay High Court: In an appeal filed by husband challenging the judgment and decree of restitution of conjugal rights and