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**
Hindu Marriage Act 1955
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.
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.
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.”
Publicly harassing, alleging infidelity and portraying husband as womaniser in his office is an act of extreme cruelty: Delhi High Court upholds divorce
“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.”
Making unsubstantiated allegations and waging legal war against husband and his family member amounts to extreme cruelty: Delhi High Court sets aside divorce decree
“Additionally, the attempted mediation settlement was also violated by the wife, who only wanted to enjoy the monetary benefits arising out of the settlement but never wanted to fulfil her end of the bargain”
Wife’s resistance to stay apart from husband does not constitute cruelty; Chhattisgarh High Court sets aside divorce decree
“It is well settled that in the matrimonial house, the wife should not be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.”
False and frivolous allegations against spouse without any evidence amounts to cruelty: Delhi High Court upholds divorce
“In the Indian context where the husband has chosen to be in a joint family with his parents, he cannot be forced to separate from the first day of his marriage merely on the whims of his wife.”
Parental Alienation from father who never showed any neglect is an extreme act of mental cruelty: Delhi High Court upholds divorce
“The child has not only been totally alienated, but has also been used as a weapon against the father. Nothing can be more painful for a parent to see the child drifting away and being totally against the father.”
Deprivation of conjugal rights for more than 18 years amounts to mental cruelty: Delhi High Court upholds divorce
“Their marriage had a rocky start and unfortunately, differences and the mistrust which got generated in the beginning did not let their relationship flourish further.”
‘Financial instability’ of a spouse is covered under the ambit of ‘mental cruelty’: Delhi High Court
“The marriage ties which if kept lingering on account of irreconcilable differences and protracted litigation, only bring more cruelty and acrimony.”
Complaints which are not substantiated by evidence, and remain unproved are acts of cruelty: Delhi High Court upholds the divorce decree
“Thus, while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents.”
Husband-Wife crossed point of ‘No Return’; Gujarat HC upholds Divorce on grounds of Desertion and Cruelty by Wife
The Court said that the parties had reached a stage from where they cannot reconcile themselves, bury their differences and live together forgetting their past as a bad dream.
Family pension denied to second wife as marriage was solemnized during subsistence of first marriage
Meghalaya High Court: A Single Judge Bench comprising of Mohammad Yaqoob Mir, CJ. dismissed a writ petition filed against the order of
Estimation of husband’s income is permissible while granting maintenance pendente lite under Section 24 Hindu Marriage Act, 1955
Punjab and Haryana High Court: A Division Bench comprising of M.M.S. Bedi and Anupinder Singh Grewal, JJ. allowed an application filed by