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sekhar p   19 July 2017

contradictory and wild allegations by wife

sir my wife given contradictory and wild allegations in 498a dvc and crpc cases is it comes under cruelty to get divorce


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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 July 2017

Various Judges have, in numerous judgements, defined as to what amounts to cruelty, but once again those definitions are not general but are related to the facts of those particular cases.

The question of cruelty is to be judged on the totality of the circumstances. In order to term a conduct as cruel it should be so grave and weighty that staying together becomes impossible. A conduct to be cruel must be more serious than the ordinary wear and tear of marriage.

Raveena Kataria (Advocate )     20 July 2017

Well, rather in my opinion, there's a reason that some of the Supreme Court's judgements are termed as 'landmark judgements'. The court is very much likely to grant the decree for divorce to a spouse on grounds of cruelty, once it has been established that the accusations made by the other spouse were ill-founded/made purely with malicious intent; i.e. the criminal complaint filed by the latter was false.

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