(Guest)

Citation for Divorce seekers

I was scanning through Divorce and Matrimonial case journal. I found some good judgments for divorce seekers and some aspects that invariably comes in divorce proceedings.

Since I have taken it from the journal and scanned it, it can be used in citation

I tried uploading them but it will not succeed. Below are case details and important takeout from the jugments. In case you need any of them please drop an e mail .

1. Manorma V. Karan Singh Civil FAO No 208 of 1980, Punjab and Haryana High Court reported in 1 (1983) D.M.C page 366 - Law does not require that at the first appearance of the cruel act the other spouse must leave the matrimonial home lest the continuation of the cohabitation be construed as condonation.

2. Pushpa Bai V. Kamal Kumar Jain FAO No 88 of 1984, Madhya Pradesh High Court reported in 1 (1986) D.M.C page 383 - Grounds for cruelty added latter to petition can not be labeled afterthought.

3. Rakesh Kumar Pathak V. Kiran Pathak FAO No 174 of 1984, Madhya Pradesh High Court reported in 1 (1986) D.M.C page 443 - A refusal to access for s*xual cohabitation without justification amounts to cruelty

4. Vinod Kumar Sharma V. Nutan Sharma FAO No 180 of 1984, Delhi High Court reported in 1 (1986) D.M.C page 484 - A False complaint to Employer is cruelty

5. Amrit Devi V. Vijay Kataria FAO No 163-M of 1988,Punjab and Haryana High Court reported in 1 (1989) D.M.C page 93 - The burden of proof is on the respondent, that the spouse has withdrawn from the society of the petitioner as a result of reasonable excuse.

6. Kalpana Srivastava V. Surendra Nath Srivastava Second Appeal No. 1985 of 1984 , Allahabad High Court reported in 2 (1985) D.M.C page 151 - Complaint to police and police not filing chargsheet amounts to cruelty. ain

Maintenance

1. Anjanben Pankaj Kumar Shah V. Pankaj Kumar Jayantilal Shah and ORS. Criminal Application No. 264 of 1984, Gujarat High Court reported in 1 (1987) D.M.C page 210 - If wife fails to prove that the husband either neglect or refused to maintain her, she is not entitled to any maintenance

Reply Follow

15 Replies

zimmerzapper (student) 22 May 2011

i think monica is spammer.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 22 May 2011

ALREADY IN BLOCK LIST

RT.SHANKAR (ADVOCATE) 22 May 2011

Yes

(Guest)

Guys,

I can only smile. I can only forsee how badly spammers has scared people. Anyway one judgment is attached.. As I said earlier if you need other please drop an e mail

Attached File : 94952 179706 33 divroce rakesh v kiran refusal to access for sexual cohab is cruelty.pdf downloaded: 242 times

(Guest)

Attaching maintenance citation as requested by a member.

Attached File : 94952 180494 56 maintenance anjunben v pankaj no maint to wife if no justifiable cause to live seperately.pdf downloaded: 289 times

1 Like

Parth Chandra (none) 25 May 2011

Thanks a lot,

I tried hard to get judgement of Gujarat HC (Anju vs Pankaj) from HC website in PDF format but could not succeed. I wonder from where you got it.

anyways thanks a lot for the same. Keep posting such judgement which will eliminate those people who just want to sit at home watching saas bahu serials and get free maintenance from their husband without any duty. I feel pity on such women as even a animan earns their meal at the end of a day whereas these parasite just want to extract free meals from someone's hard-work.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 25 May 2011

Good job dear and helpful to all the public at large. Good luck

if u can do, plz add my mail id and also mail the latest judgments at my mail id.

adv.kamal.grover@gmail.com

Thanks and regards

AAAAARRRRK (Others) 29 May 2011

@ Onlytruth - I need the link to all six Judgements mentioned by you urgently. Will be grateful.

@ PC - I appreciate and endorse your views above. Please elaborate a bit more on free loaders / parasites.

(Guest)

RK,

Please send your e mail id through pm so that I can send you all of these judgments. Site is not allowing me to attach all of them due to size.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 30 May 2011

Dear only,

pls send me all-- ponaka2008@gmail.com

syed (Branch incharge) 30 May 2011

Thanks only truth and PC

ravi (instructor) 29 April 2013

If wife not come at the death or at cremation of fatherinlaw or motherinlat willingly is it a cruelty if yes send some citation or judgement at hi_ravi2006@rediffmail.com .i will be thankful to u

rajiv_lodha (zz) 30 April 2013

Manorama Vs. Karna Singh (D.M.C. 1983 (1) 366 P&H HC judgement says the same thing. Dig it out at indiankanoon(dot)com. Its useful

Pankaj Kumar 16 October 2017

(D) Central Government Act Section 125 in The Code Of Criminal Procedure, 1973 125. Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or 1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12-1978 ). (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: (4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.