MentalCruelty 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

Calcutta High Court slams Trial Judge for ‘wishful fiction’ in divorce case; husband wins divorce appeal on grounds of cruelty

Some of the words used by the Trial Judge are entirely ‘de hors’ the pleadings of both the parties and creates a ‘Deja vu’ in the mind of the court, since the Court have come across the same phrases in other matrimonial judgments as well, authored by the same Judge.