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Posted by: Prakash Yedhula 02/05/2009 10:03:13

There may be instances indicating short tempered nature and somewhat erratic behaviour, but this alleged mental disorder cannot be such a kind as making for husband living with the wife impossible.-N.M.Jagesha AIR 1991 Bom 259

Posted by: Prakash Yedhula 02/05/2009 10:03:04

It is the petitioner who has to establish desertion for 2 years and that there was no cause for desertion. Where the conduct of the one is such as forcing other to stay away, that would not amount to desertion as a ground of divorce.-Eloskhi Chakraborty V.S.K. Chakraborty AIR 1991 Cal 176

Posted by: Prakash Yedhula 02/05/2009 10:02:53

Where there is an absolute denial of the obligation of marriage that would amount to desertion.-Sukumar Mukherjee V.Tripati Mukherjee AIR 1992 Pat.32

Posted by: Prakash Yedhula 02/05/2009 10:02:32

Where the husband staying with a lady not his relative and the wife for this reason unwilling to stay with the husband and willing only when the lady is ousted from the home wife will not be guilty of cruelty as given same to the husband to take divorce on the ground of desertion or cruelty.-M.M.. Manna v.Chitra Manna AIR 1993 Cal 33.

Posted by: Prakash Yedhula 02/05/2009 10:02:23

Petty quarrels between husband and wife cannot be so serious as amounting to cruelty and entitling husband to move for divorce.- Tapan Chakravarty v. Anjali Chakravarty AIR 1993 Cal.10

Posted by: Prakash Yedhula 02/05/2009 10:02:12

Where the wife refuses to have sexual intercourse and there in no reason for such refusal, that would amount to cruelty subjected to husband.- Radhey Shyam v.Kusum 1990 (2) HLR 230

Posted by: Prakash Yedhula 02/05/2009 10:02:05

Where the wife threats to commit suicide, it would amount to mental cruelty caused to the husband. Ranga Rao V.Vijaylaxmi 1990 (1) HLR 601.

Posted by: Prakash Yedhula 02/05/2009 10:01:56

Cruelty may depend upon the type of life the parties are habitual of, their economic and social conditions, cultural and human values to which they attach importance may also lead to the conclusion, whether the instance falls within the expression “cruelty”.-Narayanan V. Sri Devi AIR 1990 Ker 151.

Posted by: Prakash Yedhula 02/05/2009 10:01:43

It is not requirements that there must be a direct proof of adultery. There would not be any justification in expecting direct evidence and where such an evidence is presented before the court, must be suspected and the evidence is apt to be disbelieved.- Sanjukta Pradhan V.Laxmi Narayan Pradhan AIR 1991 Orissa 39



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