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“Sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond.”
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.
“The husband had no right to initiate proceedings in the Australian courts by taking advantage of the fact that he had acquired Australian citizenship.”
‘The extraordinary jurisdiction of a writ Court should be invoked when the foundational jurisdictional fact of child being in illegal custody is demonstrably established or such exercise of jurisdiction is warranted by welfare of the child.’
“Ancestral property is a rightful heritage, not a personal asset.”
In the present case, allegations are by way of written words before the police and before the judicial authorities, thus, such imputation will amount to defamation when the case does not fall within either of the ten exceptions to Section 499.
“The wife was not seriously interested in reconciliation and there was no evidence indicating withdrawal of the husband from her society without reasonable cause and her claims of the husband demanding divorce during their cohabitation were not substantiated by cogent evidence.”
The Court held that a woman having lived as a wife, borne children, and been deserted without support, falls within the protective umbrella of Section 125 CrPC and the technical plea of invalidity of marriage cannot be a valid ground to deny her maintenance.
“There might be cases where a candidate belonging to a particular religion, in which polygamy is not prohibited, has contracted multiple marriages. If contention about impermissibility to add column in Form 26 Affidavit is accepted, such candidate would never be able to contest any election as disclosure of information about additional wife would attract ground for declaring the election void.”
Wife’s behaviour of using derogatory terms for husband’s physical disability discloses her thought and respect to her husband.
Allahabad High Court emphasied that the proceedings under Section 27 Hindu Marriage Act, 1955 cannot be treated as independent or standalone proceedings to result in a decree.
In Hinduism, the wife is regarded as the “Sahadharmini”, meaning she shares in the spiritual duties and righteousness alongside her husband. This concept underscores the wife’s essential role in fulfilling religious obligations, particularly in the performance of rituals, where her presence is indispensable.
The petitioners are living beings and the fact that they are there, needs to be acknowledged in law. Hence, their names are required to be entered in the Panchayat records.
by Ravi Shankar* and Akanksha Natesan**
Making derogatory complaints against spouse demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints are made after parties had separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end.
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.
Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.
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.
“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.”
“Any successful marriage is built on mutual respect and faith. If either is compromised beyond a level, the end of the relationship is inevitable as no relationship can stand on half-truth, half-lies, half-respect and half-faith.”