Citation required
laxmikant Gulmire
(Querist) 09 August 2016
This query is : Resolved
citation required for ground divorce on basis of cruelty when wife and husband are staying under one roof
R.K Nanda
(Expert) 09 August 2016
Citations not supplied.
Kumar Doab
(Expert) 09 August 2016
The query does not graduate to need for any citation.
Ms.Usha Kapoor
(Expert) 10 August 2016
Dear client,
You want to divorce your wife on the ground of cruelty or the other way round.?
Ms.Usha Kapoor
(Expert) 10 August 2016
You WANT TO DIVORCE YOUR WIFE ON THE GROUND OF MENTAL CRUELTY OR WHAT. oR THE OTHER WAY ROUND. plenty OF supreme court AND VARIOUS high court judgments are there. Here they go:
E
Recent 30 Divorce Cases Covered
Wednesday, 29 January 2014
List of divorce Cases where husband got the ultimate freedom from their cruel wives...
MUMBAI
Businessman gets divorce after wife steals gold
November 21, 2013 | Rebecca Samervel , TNN
MUMBAI: A 37-year-old Dadar-based businessman was granted divorce on grounds of "cruelty" as his wife stole and hypothecated almost 200gm of his family's gold jewellery. A city court observed that her conduct had caused damage to the trust factor in the relationship. "Love, faith and trust are the founding pillars for strengthening marital relations," it said. "The respondent (wife) had taken away the gold ornaments without permission of the petitioner (husband) and...
CHENNAI
Man gets divorce for harassment by wife
June 2, 2012 | A Subramani , TNN
CHENNAI: Distress and social humiliation heaped on a husband by his wife by filing a false complaint and getting him arrested would amount to cruelty, which is a valid ground for divorce, the Madras high court has said. A division bench comprising Justice Elipe Dharma Rao and Justice M Venugopal, passing orders on an appeal filed by a man, said: "The mental cruelty will continue to hurt a person throughout and any amount of healing words or healing touch would not wipe out...
Accusing husband of adultery with sister and sister-in-law is mental cruelty, Bombay high court rules
November 19, 2013 | Shibu Thomas , TNN
MUMBAI: Accusing a man of having illicit relations with his sister and sister-in-law is mental cruelty and grounds for divorce, ruled the Bombay high court. A division bench of Justice Abhay Oka and Justice Revati Dere held that the woman had made it impossible for her estranged husband to live with her and conformed the divorce granted to the couple, who are now grandparents. Mulund residents Rajesh and Shanti Shah...
INDIA
SC allows couples to settle marital cruelty cases
February 23, 2013 | Dhananjay Mahapatra , TNN
NEW DELHI: In a first, the Supreme Court on Friday permitted settling of cases under Section 498A of IPC lodged by a woman against her husband and in-laws for alleged cruelty in her matrimonial home. Though it was enacted to protect women from harassment and cruelty, there has been judicial recognition of the fact that on several occasions, false complaints under Section 498A were filed to teach the husband and his relatives a lesson as these cases were...
BANGALORE
Karnataka HC grants divorce to a man who was constantly harassed by his wife for years
December 21, 2013 | P Vasanth Kumar , TNN
Bangalore: In an interesting case, the Karnataka high court has passed an order dissolving the marriage of a film producer citing that he has sufficiently proved the cruelty meted out to him by his wife, who was one upon a time was his 'dream girl '. "The making of unreasonable and unjustifiable demand for a separate house and a sum of Rs 20,00,000 in lump and Rs 20,000 as maintenance per month, the lodging of complaints on...
BANGALORE
Man divorces wife for her 'cruel treatment'
December 14, 2013 | TNN
BANGALORE: In an interesting case, the Karnataka high court has passed an order dissolving the marriage of a film producer citing that he has sufficiently proved the cruelty meted out to him by his wife. "The making of unreasonable and unjustifiable demand for a separate house and a sum of Rs 20,00,000 in lump and Rs 20,000 as maintenance per month, the lodging of complaints on important dates, the dates or the previous day, on which the younger brothers of her husabnd...
DELHI
'Denial of intimacy ground for divorce'
October 14, 2013 | TNN
NEW DELHI: Holding that physical intimacy is an essential aspect of marriage, the Delhi high court has said that a wife's continuous refusal to have such a relationship with her husband can be ground for divorce. Dismissing a woman's plea challenging the family court's decree of divorce to her husband, a bench of justices S Ravindra Bhat and Najmi Waziri upheld the lower court's February findings in favour of the husband. Taking note that though the couple started living together again...
INDIA
Got sterilised secretly? It's mental cruelty
March 29, 2007 | Dhananjay Mahapatra , TNN
NEW DELHI: In a path-breaking decision, Supreme Court has defined what connotes 'mental cruelty' ? the ground that has been frequently cited as the reason for those seeking divorce but which had so far lacked a precise definition. The court on Monday laid down elaborate criteria of what would constitute "mental cruelty". However, it said that the behaviour patterns so mentioned must persist over a period of time to warrant the conclusion that the marriage between the parties had...
MUMBAI
Mental cruelty as grounds for divorce
November 5, 2008 | Swati Deshpande , TNN
MUMBAI: Getting a divorce is usually a messy job, especially if it is a contested affair. The commonly cited grounds are mental cruelty, because of the wide sweep of the definition as upheld even by the Supreme Court. In a landmark judgment in recent times, the apex court had held that mental cruelty can cover acts such as a wife not cooking for her husband or consenting to sexual intercourse, but such acts of rebellion must be on a regular basis and not one-off. But can a...
KOCHI
No children, no marriage, rules High court
January 8, 2013 | Mahir Haneef , TNN
KOCHI: On Monday, justices Pius C Kuriakose and C K Abdul Rehim of the Kerala high court made the significant ruling that a man's refusal to have children amounted to cruelty and was sufficient cause for granting divorce to his wife. The Thiruvananthapuram family court had granted divorce to Florence George but had refused to concede the larger underlying crime. In her petition to the family court, Florence had stated, "The petitioner (Florence) is very much fond of children and expressed desire to become a mother.
CHENNAI
Filing false case valid grounds for divorce: Madras high court
November 23, 2012 | TNN
CHENNAI: Levelling false allegations and filing false cases against a spouse is indeed cruelty and a valid ground for divorce, the Madras high court has said. Justice S Vimala, reiterating this established legal position, passed an order to this effect last week in a case where a woman had accused her husband of extramarital affair, suspecting her character, demanding dowry and subjecting her to cruelty. During cross-examination in a trial court, however, the woman admitted that the allegations were false.
CHENNAI
False case and allegations amount to cruelty; divorce valid: HC
November 22, 2012 | A Subramani , TNN
CHENNAI: Levelling false charges and filing false charges against a spouse is indeed cruelty and it is a valid ground for divorce, the Madras high court has said. Justice S Vimala, reiterating this established legal position, passed an order this effect in a case wherein the wife had accused the husband of extra-marital affair, of suspecting her character, of demanding dowry and of subjecting her to cruelty. During cross-examination in a trial court, however, the wife admitted that the allegations were false.
INDIA
Abusive newspaper ad by wife wins man a divorce
July 6, 2012 | Dhananjay Mahapatra , TNN
NEW DELHI: The Supreme Court termed an advertisement inserted in a newspaper by an estranged wife accusing her husband of being a womanizer and drunkard as an act inflicting extreme mental cruelty on him and granted him divorce to end the 33-year-old marriage which had gone sour for the last 16 years. Shocked by the woman's conduct in inflicting trauma on the husband and tarnishing his reputation, a bench of Justices Deepak Verma and Dipak Misra said it was a fit case for grant of divorce for causing mental cruelty and reversed two concurrent judgments of Bombay high court which had refused the husband's plea for permanent separation on the ground that his marriage had broken down irrevocably.
INDIA
'Divorce epidemic due to sex-starved marriages'
March 25, 2012 | Abhinav Garg , TNN
NEW DELHI: Sex-starved marriages leading to divorce are becoming an "epidemic", the Delhi high court has observed, while granting divorce to a husband, maintaining that denial of sex by his wife amounted to mental cruelty. The man argued that in the five months he and his wife stayed as a couple after marriage, they had sex only 10-15 times. Dismissing the wife's plea against divorce, Justice Kailash Gambhir noted in his order earlier this week: "Although it is difficult to exactly lay down as to how many times any healthy couple should have sexual intercourse in a particular period of time as it is not a mechanical but a mutual act, there cannot be any two ways about the fact that marriage without sex will be an insipid relation.
MUMBAI
Man accused of infidelity by wife granted divorce
October 26, 2011 | Shibu Thomas , TNN
MUMBAI: The Bombay high court has granted divorce to a man who was subjected to barbs about infidelity by his wife due to his late working hours. "The (unsubstantiated) allegations are certainly serious and the husband is bound to undergo mental pain, agony and suffering," said a division bench of Justice A M Khanwilkar and Justice R Y Ganoo while dissolving the couple's 24-year-old marriage on grounds of cruelty. "We are inclined to observe that the unsubstantiated allegations levelled by the wife in the written statement as well as in her evidence and also evidence of her father amounted to mental cruelty as the wife has failed to prove those allegations by examining appropriate witnesses ," said the judges.
MUMBAI
Producer convicted for wife cruelty gets bail
July 17, 2011 | TNN
MUMBAI: A sessions court on Saturday granted bail to film producer Gaurang Doshi, convicted on charges of cruelty to his wife. The bail was granted on a surety of Rs 1 lakh. Doshi's estranged wife Madhuri had accused him and his parents of torturing her physically and mentally for when she resisted dowry demands. On July 5, Doshi, producer of the 2002 Amitabh Bachchan-starrer Aankhen, was sentenced to three years' imprisonment under Section 498A of the Indian Penal Code.
DELHI
Man allowed separation from wife for denial of sex
March 25, 2011 | Abhinav Garg , TNN
NEW DELHI: A husband, who cited denial of sex as one of the grounds for seeking divorce, has been granted separation by the Delhi High Court . Justice Kailash Gambhir took note of the fact that the wife left the husband in 2005 and "did not return to fulfill any of her matrimonial obligations" while allowing a decree for separation filed by the husband Rampal (name changed). "Had there been any intention of the wife to resume cohabitation with the husband then at least she would have come forward to contest the divorce petition...
DELHI
Divorce sparked off by short dress
February 12, 2011 | TNN
NEW DELHI: In a bizarre case of incompatibility of a couple, a man had moved a trial court seeking divorce on the ground that he was upset over the fact that his wife used to wear short clothes though he disapproved of it. Married in 2007, the couple started having fights soon after they went for their honeymoon . Additional Sessions Judge Manmohan Sharma finally put an end to the couple's agony by granting them a divorce on the ground of...
INDIA
Wife can't accuse husband's girlfriend of cruelty: SC
September 16, 2010 | Dhananjay Mahapatra , TNN
NEW DELHI: The other woman in a husband's life could universally be the major source of marital discord but the wife cannot accuse the girlfiend of causing mental cruelty to her under Section 498A of Indian Penal Code , the Supreme Court has ruled. No case under Section 498A could be slapped against the other woman -- "be it the husband's girlfriend or concubine" -- even if it was found that she lived with him after estrangement with his wife, it said.
MUMBAI
Bombay HC allows husband 'to live in wife's flat' after divorce
April 12, 2010 | PTI
MUMBAI: In an interesting case, the Bombay High Court confirmed the dissolution of a marriage, but allowed the husband to continue to live in the flat which is in wife's name. Both Sharad and Meena (names changed) are in their sixties. They got married in April 1969, and have two grownup sons. However, differences arose in the later years, and Meena left her husband and shifted to Delhi in 1980. The flat in which they lived in suburban Juhu had been purchased in Meena's name.
MUMBAI
Now, suicide attempts may end your marriage
January 3, 2010 | TNN
MUMBAI: Wives beware. Repeated attempts or threats of committing suicide are not going to pay off and the husband, instead of giving in to demands, will walk away with a divorce. In a judgment that would provide the threatened spouse some relief, the Bombay high court upheld a family court ruling that repeated attempts to commit suicide constituted mental cruelty and was a laid ground for divorce. A bench of justices Sharad Bobde and S J Kathawala late last year held that "It was not possible for a couple to peacefully carry on with their married life if one partner repeatedly threatened to commit suicide in public and within the home.
INDIA
Suicide threats amount to cruelty, can be a divorce ground: HC
January 2, 2010 | PTI
MUMBAI: Repeated attempts to commit suicide as well the threats to commit suicide could amount to "cruelty", and it can very well be a ground for seeking divorce, the Bombay High Court has held. The family court in Pune granted divorce to Varsha and Prakash (both names changed) on the application made by Prakash in 2002, against which Varsha had filed appeal. Both had been living separately for the last seventeen years. Prakash's application for divorce was on the ground that his wife was temperamental, she frequently fought with him, and threatened to commit suicide.
CHENNAI
Woman seeks divorce from impotent husband, Rs 1cr alimony
August 13, 2009 | TNN
CHENNAI: Claiming that she was cheated into marrying an "impotent" man, a 24-year-old woman has moved the family court here seeking divorce from him and Rs 1 crore as permanent alimony. According to the woman, her in-laws had suppressed the fact that their son suffered from some "hereditary sexual problems" and that he was physically incapable of performing his conjugal responsibilities towards his prospective wife. She claimed that she also had to quit her software job on the insistence of her in-laws.
INDIA
Husband can seek divorce if wife aborts without his consent
November 7, 2008 | PTI
NEW DELHI: A woman's act of undergoing abortion to terminate a pregnancy without the consent of her spouse amounts to mental cruelty and her husband is entitled to seek divorce on this ground, the Supreme Court has ruled in an important ruling. The apex court upheld the plea of one Sudhir Kapur that he was entitled to seek divorce under the Hindu Marriages Act, as his wife Suman Kapur had undergone three abortions without his consent. Sudhir claimed that his wife resorted to the abortions as she was more interested in pursuing her career in the US rather than bringing up a family.
INDIA
Cruelty-to-wife cases can't be withdrawn: HC
March 13, 2008 | Swati Deshpande , TNN
MUMBAI: It's one charge that husbands dread and many are guilty of. It's also a charge which the law doesn't allow a woman to withdraw once she has made it. However, courts had in the past taken conflicting views on this. Now, resolving the issue of whether or not a husband and wife can settle between themselves a complaint of cruelty to a wife under Section 498-A of the Indian Penal Code, a full bench of the Bombay high court has both good and bad news, depending on which side of the accusation one is. In a landmark judgment on Wednesday, the HC bench comprising Chief Justice Swatanter Kumar, Justice Dhananjay Chandrachud and Justice J P Devadhar held that a wife certainly cannot withdraw the 498-A charge and that a court, including the lower courts and high courts, cannot allow such a serious non-bailable offence to be compounded (settled between the parties so that criminal proceedings no longer remain against the husband and/or his family members)
INDIA
Mind language in divorce pleas: HC
September 24, 2007 | Swati Deshpande , TNN
MUMBAI: Mind your language in bed and out of it. This could be the new warning mantra for warring spouses, especially those who knock on the family courts door. The Bombay High Court recently directed that language in divorce petitions had to clean and temperate, and deleted several paras of a husband's explicit rant against his wife's alleged unnatural sexual demands. The man, who cited these demands as infliction of mental cruelty, wanted out on the same grounds.
INDIA
Cruelty most cited basis for divorce
April 19, 2005 | Swati Deshpande , TNN
MUMBAI: Arun Nayar, Liz Hurley's burly, is not alone in using cruelty as a charge on which to peg a divorce petition. While the civilised divorce is on the rise, lawyers invariably dip into the dirty linen basket when one spouse refuses to oblige. And in the process both sides are sullied. Allegations such as "constant demand for money," "failing in duties as a wife" and "gravely insulting behaviour, causing mental pain and agony" are some of the phrases that contested divorce pleas are habitually strewn with.
INDIA
SC: Baseless charges against spouse cruelty
December 6, 2004 | TNN
NEW DELHI: While deciding on matrimonial disputes, courts deal with only a man and a woman, not an ideal couple. "Cruelty in matrimonial life may be subtle or brutal. It may happen through gestures, words or silence," the Supreme Court ruled in an attempt to distinguish between the normal problems of married life and a troubled home. A report from Italy says that a married woman was granted a divorce because her bossy mother-in-law was ruining her life. "She would keep on nagging me saying that I was only interested in make-up and dieting to attract other men; I was a poor mother and didn't deserve her son, let alone a child with him. None of it was true and in the end I just couldn't take anymore," the report quoting the woman said.
INDIA
Man assaulted by wife, gets divorce
November 7, 2004 | TNN
NEW DELHI: It's not always women who suffer due to cruelty and assault by their errant husbands. A husband too has been able to get divorce from his wife on grounds of assault and abuse. Before the SC granted him divorce on the charge of cruelty and assault by his wife, the man had lodged complaints with the Mahila Samiti in 1993. He suffered a fracture after his wife slapped him and pushed him against a wall. Rearing the two children himself as his wife, surprisingly, lives with her husband's parents, the man charged her with both both physical and mental cruelty.
MUMBAI
Battered? Remember Sec 498-A
October 26, 2004 | Swati Deshpande , TNN
MUMBAI: 498-A? That might seem like an arcane figure to the layman, but it's one that married women would do well to remember. Section 498-A, introduced into the Indian Penal Code three decades ago, gives recognition to the ugly reality of domestic violence against a wife. The section makes cruelty by a husband or his family towards a married woman a cognisable and non-bailable offence and can even result in a three-year prison term for the culprit. But the conviction rate in '498-A cases', as they are called, is barely one or two per cent, says women's activist Flavia Agnes.
Source: http://articles.timesofindia.indiatimes.com/keyword/mental-cruelty
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Every Sufferer Is A Saviour
BEING AN INDIAN MALE IS A CRIME... ?? “An Initiative to speak against Biased Law” by (ESIS)
"Every sufferer is a Saviour" (ESIS) a Social awareness Blog which is made to help harassed husbands , old age parents and other poor Victims who got struck by Biased Law and misuse of women power inherited laws like 498a,PWDVA 2005,Maintenance cases with other false cases. The above help and support is truly made for the victims who are left with either suffering or by negligence of one sided Law. The main aim and objective of the (ESIS) is to promote awareness and to help poor victims to achieve their freedom from marital suffering. It's endeavor is to make people understand The Family law in a much better way and how to take their instances in an advance and in more efficient way. So, that a Human being must not be discarded by Gender discrimination in terms of achieving Justice.
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Rajendra K Goyal
(Expert) 10 August 2016
Without knowing full case details / related documents if any, nothing can be advised. Discuss with local lawyer.
Citation / Judgment / reference cases / ruling / decided cases not supplied in this section.
Guest
(Expert) 10 August 2016
Ms. Usha Kapoor has provided a good tutoring for an exercise of a law school student.
Kumar Doab
(Expert) 10 August 2016
Hope the author has gained and can now act.
If not lean on your able counsel.
