HinduMarriageAct Archives

[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.

Case Briefs High Courts

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.”

Case Briefs High Courts

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.