Chhattisgarh High Court upholds divorce due to cruelty by wife who concealed her infertility
The Court noted that the wife admitted in her written statement and oral testimony that after taking medication she had become capable of bearing children.
divorce
Remarrying during pendency of first wife’s appeal amounts to Contempt: Punjab and Haryana High Court sentences Man to 3 months jail and fine
“Instead of tendering an unqualified apology, has tried to contest his act of solemnizing the second marriage during the pendency of the above appeal and stay having been granted therein.”
Supreme Court enhances Alimony from Rs. 30 Lakh to Rs. 50 Lakh in Former AAG and Family Court Judge Divorce Case
The Court observed that the husband, being a judicial officer holding a responsible public position, owed a heightened duty of fair, adequate, and dignified financial security for his wife and daughter.
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“Unjust benefit given to husband”: Madhya Pradesh HC deprecates Family Court for granting divorce without framing issues and recording evidence
“We are surprised and shocked by the way the Family Court has taken the matter under Order VII Rule 11 of the CPC and given a relief to the husband, which was liable to be given only after framing the issues and recording the evidence.”
‘No implementation or execution of mutually settled agreement’: Delhi High Court refuses to quash FIR in matrimonial case
As per the settlement, the husband agreed to deposit a total sum of Rs. 30,00,000. However, the husband merely deposited cheques of certain amounts, which had not been released to the wife, due to husband’s failure to appear in Family Court, resulting in dismissal of divorce petition.
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.”
False allegation of alcoholism against husband, compromising his social position as public servant is cruelty: Madhya Pradesh HC
“A persistent resolved attitude of respondent-wife to see that her husband is ridiculed and humiliated in his social circle as an alcoholic is definitely a serious affair.”
Wife ill-treating stepchildren constitutes mental cruelty against husband under S. 10(1)(x) Divorce Act: Kerala HC upholds divorce
“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.”
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Non-disclosure about cerebral palsy by wife’s family, entitles husband to annul marriage: Bombay High Court
Dismissal of the divorce petition by the Family Court on the grounds that the wife did not become violent and cerebral palsy only restricted body movements and was not a mental disorder, was acutely incorrect.
“In despair, the wife set fire to herself and later blamed in-laws”: Madhya Pradesh HC grants divorce to man whose wife attempted self-immolation
“This dreadful act is sufficient to hold that she has committed mental cruelty with the husband and the Trial Court erred in not appreciating the facts evident on the record and even more so in replacing them with its own perceived notions.”
Insulting and humiliating spouse during time of financial vulnerability amounts to mental cruelty: Chhattisgarh HC
“Her behaviour, including instigating the daughter against the father, making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrated a pattern of mental harassment and disregard for the matrimonial bond.”
‘Not uncommon for husbands to suppress actual income’; Delhi HC allows wife to summon witnesses to prove husband’s concealed financial status
Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach. The documents and witnesses sought to be introduced by the wife are not collateral or immaterial but rather, directly affect determination of maintenance which is a matter of subsistence.
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Granting interim maintenance to qualified unemployed wife doesn’t mean breeding a class of idle woman: Delhi HC dismisses plea against maintenance order
The Court stated that it cannot be overlooked that the Order of maintenance dated is only ad-interim which implies that the Order shall be made after considering the affidavit of income, financial capacity and responsibilities of both the parties, aside from their personal qualifications.
Making derogatory and defamatory complaints to spouse’s employer amounts to cruelty: Delhi High Court
Marriage entails mutual respect and adjustment. Some parties take less time to adjust while the other takes longer time, but it is expected of both the parties to show due respect to each other. The foundation of a sound and healthy marriage is tolerance, adjustment and mutual respect.
“Courts must act as custodian of child’s rights”; Bombay High Court refuses DNA Profiling Test to establish paternity
“The presumption of conclusive proof of legitimacy of child, casts greater burden on the man to show that parties to the marriage had no access to each other at any time when the child could have been begotten. The presumption of legitimacy, therefore, must be challenged with specific plea of no access to each other during relevant period.”
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Couples may be divorced as husband and wife, but never as parents, their responsibilities continue for life: Kerala High Court
“The way out in our minds is that the parents must find peace with each other and be involved with the child’s progress together as partners.”