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Delhi High Court partly quashed criminal proceedings arising from a matrimonial dispute, holding that the allegations under Section 498A IPC disclosed a prima facie case of cruelty, while the prosecution under Section 406 IPC could not be sustained for want of entrustment.
Supreme Court permits mother to relocate minor children to the UK, holds that frequent changes of employment cannot be termed “nomadic life” and considers pending POCSO prosecution while determining custody.
The Court held that Talaq-E-Hassan remains a valid form of divorce and clarified that its registration is to be considered by the competent Marriage and Divorce Registrar under the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.
The Court held that “as any husband, the petitioner owes a legal debt to maintain any wife like the respondent”.
Delhi High Court noted that the conduct of the husband in pursuing a petition under Sections 13(1A) and 13(1)(ib) of the HMA, without making any sincere effort to resume cohabitation and by frustrating the wife’s attempts to execute the decree for restitution of conjugal rights, clearly demonstrated that his sole objective was to secure a decree of dissolution of marriage under the said provisions, without any genuine intention of restoring the matrimonial relationship.
The High Court held that the appellant failed to prove the alleged marriage under Section 7, Hindu Marriage Act, as neither the marriage nor the requisite ceremonies were established, and that voter-list entries and maintenance proceedings could not conclusively prove a valid matrimonial relationship.
“The parties shall be at liberty to take all remedies available in law for requiring the other spouse to place on record the affidavit as mandated under Rajnesh v. Neha, (2020) 2 SCC 324.”
“Even if the appellant-wife is highly educated and professionally qualified, that by itself cannot be a reason to absolve the respondent-husband from his matrimonial, paternal, moral and legal responsibility to provide for his wife and children.”
“Section 9, Guardians and Wards Act, 1890 in no uncertain terms envisages that the petition should be filed where the minor ordinarily resides.”
“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”
“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”
“The conduct of the wife by concealing the material fact about her age and her conviction of life in a murder case, before contracting marriage, has caused mental agony to the husband to such an extent that it is almost impossible for them to live together.”
“When a girl is not ready for marriage, giving her in marriage by using extraneous force is not conducive for a healthy society”
“Such intimidation and infliction of emotional and psychological distress using wife’s past history to blackmail itself constitutes mental cruelty.”
“When these allegations are considered apposite Section 498A IPC, they do not constitute “cruelty” as defined in the explanation appended to the provision.”
“The mother has lawfully remarried, is now the mother of two children from her second marriage and has not interfered in the life of her former husband or his family.”
“Grave and irreparable harm would continue if a reasonable assessment were not made, and there would be no inconvenience to the husband in paying a slightly larger sum towards the maintenance amounts claimed by the wife.”
“Mere statements that the deceased daughter used to be unhappy and used to weep is not sufficient to conclude beyond reasonable doubt that there was harassment or conduct of such nature and degree that it will drive a woman to commit suicide.”
“The object of awarding interim maintenance is only to ensure that the wife has sufficient income to enable her to maintain herself and the said sustenance is not mere survival, but should be on the same lines of a comfortable lifestyle that she would have had in the matrimonial home.”
“Reading of the complaint, filed in the present case, would go to show that, necessary ingredients to attract the alleged offence is not found.”