FamilyLaw
[Constructive Desertion] Calcutta High Court sets aside divorce granted to husband due to his foundational deceit and concealment of prior marriages
The deliberate suppression of such a crucial and material fact concerning one’s marital history at the solemnization of marriage, especially when it involved a contentious prior dissolution and criminal proceedings (a 498A IPC case), constitutes profound and inexcusable mental cruelty to the wife.
False 498-A complaint and acquittal amount to ‘mental Cruelty’: Andhra Pradesh High Court affirms divorce after 29 years of separation
“The ill conduct must be persistent for a lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer.”
Delhi High Court | EMIs, personal loans, or insurance premiums cannot justify evasion of maintenance under Section 24 Hindu Marriage Act
The inability to engage in full-time or gainful employment by wife cannot be viewed as a voluntary choice but must be seen considering the practical limitations imposed by her dual responsibilities.
Children should not be penalized because their father chose abandonment over divorce; Delhi High Court directs minor for fresh representation
It would be a travesty of justice if the petitioner were denied the benefit of circular merely on the ground that his mother does not have a decree of divorce or separation from a court of law.