Supreme Court allows husband’s plea for Potency Test on wife’s claim of his impotency
Supreme Court said that as the husband is willing to undergo potency test, the High Court should have upheld the order of the Trial Court to that extent
divorce
Wife leaving matrimonial home, from time to time, without any fault on husband’s part, is mental cruelty: Delhi HC grants divorce to husband
The Family Judge has erred in analyzing the life of the parties by taking a myopic view and by considering each incident as an independent window, when in fact it is the journey of the parties through their matrimonial life, which is determinative of their compatibility, progressiveness, and growth.
Family Court duly empowered to consider application for divorce via Mubarat agreement under Dissolution of Muslim Marriages Act: Karnataka HC
The High Court noted that Divorce via Mubarat i.e. Mutual Consent, is an accepted form of Divorce under Muslim Personal Law and there is no impediment for Family Courts to recognise the same and declaring the status of the parties.
Delhi High Court grants divorce to MasterChef Kunal Kapur on grounds of cruelty by wife
When such is the nature of one spouse towards the other, it brings disgrace to the very essence of marriage and there exist no possible reason as to why he should be compelled to live while enduring the agony of living together.
Bombay High Court upholds grant of Rs 3 Crore compensation in domestic violence case
The High Court while upholding the quantum of compensation, agreed with the observation of the Trial Court that at the age of 55 years, the wife had lost her prospects vis-à-vis her personal life after being subjected to domestic violence from 1994-2008.
Wife openly humiliating husband, calling him impotent in front of family members amounts to mental cruelty: Delhi HC grants divorce to husband
A wife’s withdrawal from matrimonial relationship unilaterally without any reason thereby depriving husband of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty.
Forcing wife to do household chores when her health does not permit, amounts to cruelty: Delhi High Court
The allegations which assassinate the character of the spouse amounts to the highest level of cruelty, which no doubt shall shake the foundation of their marriage.
Temporary separation gives sense of insecurity in spouse’s mind; Delhi HC grants divorce to husband whose wife keeps returning to parental home
“To nurture the matrimonial bond, it is of high significance that parties live together and avoid leaving each other’s company frequently.”
A bad husband is not necessarily a bad father; Delhi High Court grants divorce to husband on grounds of cruelty by wife
Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.
“Taking care of children is not taking care of mere existence”; Karnataka HC declares wife to be entitled to maintenance of Rs 36,000 per month instead of Rs 18,000
The High Court opined that taking care of children is shrouded by countless responsibilities and necessary expenditure from time to time and the husband cannot preposterously contend that the wife is lazing around and not earning money to take care of the children.
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Beyond Traditional Grounds under Hindu Law: Supreme Court’s Power to Grant Divorce on the Ground of Irretrievable Breakdown of Marriage
by Bijal Ajinkya†, Sachin Bhandawat†† and Vatsal Singh†††
Cite as: 2024 SCC OnLine Blog Exp 19
Constant taunts on husband’s financial capacity, disrupting family relations will cause disquiet in husband’s mind, thus amounts to mental cruelty: Delhi HC upholds divorce
“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”
Delhi High Court dismiss paternity test plea due to no sperm count; Emphasis on child’s interests in parental disputes
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.
Divorced Muslim woman need not be sent to Court for recording talaq: Kerala High Court
“The law is an ass is a derisive expression said when the rigid application of the letter of law is seen to be contrary to common sense.”
HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Pepsico Potato chips battle; Right of convict to procreate; Manual scavengers; and more
A quick legal roundup to cover important stories from all High Courts this week.
Mutual Consent Divorce under Hindu Law: Cooling-Off Period and Withdrawal of Consent
by Bijal Ajinkya† and Sachin Bhandawat††
Cite as: 2024 SCC OnLine Blog Exp 5
Allegations of extra marital relationship constitutes grave assault on reputation of spouse, thus amounts to worst form of cruelty: Himachal Pradesh HC upholds divorce
“Needless to say, matrimonial matters are matters of delicate human and emotional relationship and to maintain such relationship for a long, there is requirement of mutual trust, regard, respect, love and affection.”
Can removal of Uterus due to ovarian cancer amount to cruelty to husband for grant of divorce? Madras HC answers
Madras High Court held that the period of treatment the wife has taken from the parental home cannot be termed as desertion.
Unilateral withdrawal from attempted divorce settlement can cause disquiet and uncertainty in husband’s mind, thus amounts to cruelty: Delhi High Court upholds divorce
“It is evident that the fight inter se the parties was not on any justifiable grounds, but was a war between the egos prompted by the desire to wreak vengeance against the spouse.”