Deliberate non-employment by qualified wife to burden husband: Ground to deny maintenance: Allahabad HC
The appellant is a gynecologist and is capable of earning handsomely in her line of expertise.
Hindu Marriage Act 1955
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.”
‘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.”
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.
Divorce proceedings cannot be initiated in Australia, if marriage has been solemnized in India: Gujarat High Court
“The husband had no right to initiate proceedings in the Australian courts by taking advantage of the fact that he had acquired Australian citizenship.”
‘Writ of Habeas Corpus not substitute for meticulous determination of custody disputes’: P&H HC refrains from imposing costs on mother
‘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: Key Supreme Court Rulings You Should Know
“Ancestral property is a rightful heritage, not a personal asset.”
Allegation of impotency against husband in a matrimonial dispute not defamation: Bombay High Court
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.
Refusing physical relations, accusing husband of affairs and humiliating him in front of his friends/employees is cruelty: Bombay HC
“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.”
Section 125 CrPC | Levirate Marriages validated by custom, cohabitation, social acceptance, and the birth of children, must be treated as valid: Patna High Court
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.
Disclosure of second marriage not a ground to unseat an elected candidate: Bombay HC upholds election of Palghar MLA Rajendra Gavit
“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.”
Read Why Orissa HC upheld divorce on husband being called ‘nikhatu, kempa’ by wife for his physical infirmity
Wife’s behaviour of using derogatory terms for husband’s physical disability discloses her thought and respect to her husband.
Return of ‘Stridhan’ must be decided within matrimonial proceedings, not via separate application under Section 27 HMA: Allahabad High Court
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.
Repeatedly demeaning husband’s religious beliefs, insulting his gods and humiliating him amounts to mental cruelty: Chhattisgarh High Court upholds divorce
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.
Himachal Pradesh HC directs State to register names of children born from void marriage in Panchayat record
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.
Dissolution as the Resolution: Use of Section 13-B of the Hindu Marriage Act, 1955 in Appellate Jurisdiction(s)
by Ravi Shankar* and Akanksha Natesan**
Making derogatory complaints to spouse’s employer with intent to harm professional reputation amounts to cruelty: Delhi High Court
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.
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.
Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation
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.