JUDGMENT [Vishwanath Agrawal versus Sarla Agrawal, AIR 2012 SC 2586]. (Allegation of extramarital relationship, publication of notice in news paper, false allegations of dowry harassment by wife- Divorce granted to husband by Supreme Court of India.)
JUDGMENT [Suman Kapoor versus Sudhir Kapoor, AIR 2009 SC 589] (Wife a career oriented lady, unwilling to stay with her husband, and also communicating by letters that she had lost interest in marriage- Husband entitled for divorce)
JUDGMENT [Vimla versus Tarun, AIR 2007 Raj 101] (Wife informing husband on night of marriage that she would elope with ex-fiancé- age also concealed- husband entitled to divorce)
JUDGMENT [Mamta Shrivastava versus Taresh Kumar Shrivastava, AIR 2009 Chh 47] (Threatening suicide, false complaints, news items- Impossible for husband to live with wife- Divorce granted to Husband)
JUDGMENT [Gurcharan Singh versus Sukhdeo Kaur, AIR 1979 P & H 98] (Wife leaving husband and a child two months old- refusal to return- Divorce granted to husband)
JUDGMENT [Shashi Kumar versus Neelam, AIR 2011 HP 1 (SB)]. (Wife not permitting the husband for conjugal rights is cruelty- Divorce granted to Husband.)
JUDGMENT [Shobha Lomte versus Mhatardev Lomte, AIR 2009 Bom 160]. (Unfounded allegation of illicit relationship in reply to notice and in written statement – Husband entitled for divorce)
JUDGMENT (MUTUAL DIVORCE SETTLEMENT TERMS BINDING UPON WIFE) I (2019) DMC 20 (DB) (Mad.) MADRAS HIGH COURT (R. Subbiah, J. & C. Saravanan, J. S. ROHINI—Appellant versus M. RAJAVEL MOHAN—Respondent) Civil Miscellaneous Appeal No. 2902 of 2017 and C.M.P. No. 17068 of 2017—Decided on 19.7.2018 [Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Modification of conditions in view of circumstances — Rejection of application — Appellant-wife had given her consent for passing decree in terms of certain conditions, in good faith — Consent of wife will not only bind her but Court will also insist for terms and conditions incorporated therein to be scrupulously carried out — Respondent-husband is complying with condition relating to payment of monthly maintenance of Rs. 25,000 and it is also agreed by appellant-wife — If respondent contravenes any of the terms and conditions incorporated in decree it is always open to appellant to file execution petition in a manner known to law]
JUDGMENT : (HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH) Dr. Anita Rani V/s Dr. Suresh Kumar. Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. P & H HC affirms lower court decree. Divorce granted by the court.
JUDGMENT : Madras High Court (A.P. Ranga Rao vs Vijayalakshmi) Wife made Suicide attempt as the husband did NOT set up the separate house. Madras HC granted a divorce for a husband. On several occasions wife threatened to commit suicide. She insisted on the husband to start a separate establishment after severing his connection with the other members of his family, namely, mother, brother, brother’s wife and unmarried brother.
JUDGMENT : Bombay High Court (Smt. Nirmala Manohar Jagesha vs Manohar Shivram Jagesha) High Court analyses that the husband has NOT proven cruelty during matrimonial life, also not proven that the wife is of unsound mind and he is entitled to get a divorce on the basis of wild, reckless and baseless allegations of impotency, lack of masculinity made by the wife.
JUDGMENT : Delhi High Court (Chandhok (Lajwanti) vs Chandhok) Wife drives husband out of the matrimonial home, assaulted and abused him, refused to cohabit all cruelty. HC observed that husband subjected to cruelty & has become unendurable and granted divorce to him.
JUDGMENT : Delhi High Court (Smt. Alka vs Dr. R.K. Gautam) Wife Refused to have sex and threatened husband with suicide, ill-treating and uncaring attitude is shown towards relatives of husband. Delhi HC decreed the Divorce.
JUDGMENT : HIGH COURT OF JUDICATURE AT BOMBAY (Anil Yashwant Karande, Vs Smt. Mangal Anil Karande) Wife files a false case on 498a against the husband. Bombay HC accepts the innocence of husband and it ends in discharge of the accused husband and his people and granted him divorce
JUDGMENT : THE SUPREME COURT OF INDIA (K.SRINIVAS V/s K. SUNITA) Wife files a criminal complaint under section 307 read with 34, 148A, 384, 324 of IPC. Husband and seven members of his family were arrested on this. It was argued that this was solitary criminal complaint and cannot be considered as cruelty.Divorce granted by observing that even one false criminal complaint by wife constitutes matrimonial cruelty.
JUDGMENT : HIGH COURT OF JUDICATURE AT BOMBAY (Shri Mangesh Balkrushna Bhoir Vs Sau. Leena Mangesh Bhoir) Hon HC granted a divorce to the man even though trial court not specifically mentioned 498a filed by women was false. HC observed that the women have filed false cases and treated husband cruelly. Man files for divorce and granted by the civil judge but due to appeals case finally reaches the Bombay HC.
JUDGMENT : HIGH COURT AT CALCUTTA (Rita Bandopadhyay v/s Abhik Bandopadhyay) Wife claims that husband had illicit relations with own sister, abuse him in the office, deserted him and stops him seeing own son. Divorce granted by the court and appreciates statements and evidence that proves cruelty of wife to husband. It takes about 21 years after desertion to get a divorce in this case.
JUDGMENT [Suman Kapoor versus Sudhir Kapoor, AIR 2009 SC 589] (Wife a career oriented lady, unwilling to stay with her husband, and also communicating by letters that she had lost interest in marriage- Husband entitled for divorce)
JUDGMENT [Vimla versus Tarun, AIR 2007 Raj 101] (Wife informing husband on night of marriage that she would elope with ex-fiancé- age also concealed- husband entitled to divorce)
JUDGMENT [Mamta Shrivastava versus Taresh Kumar Shrivastava, AIR 2009 Chh 47] (Threatening suicide, false complaints, news items- Impossible for husband to live with wife- Divorce granted to Husband)
JUDGMENT [Gurcharan Singh versus Sukhdeo Kaur, AIR 1979 P & H 98] (Wife leaving husband and a child two months old- refusal to return- Divorce granted to husband)
JUDGMENT [Shashi Kumar versus Neelam, AIR 2011 HP 1 (SB)]. (Wife not permitting the husband for conjugal rights is cruelty- Divorce granted to Husband.)
JUDGMENT [Shobha Lomte versus Mhatardev Lomte, AIR 2009 Bom 160]. (Unfounded allegation of illicit relationship in reply to notice and in written statement – Husband entitled for divorce)
JUDGMENT (MUTUAL DIVORCE SETTLEMENT TERMS BINDING UPON WIFE) I (2019) DMC 20 (DB) (Mad.) MADRAS HIGH COURT (R. Subbiah, J. & C. Saravanan, J. S. ROHINI—Appellant versus M. RAJAVEL MOHAN—Respondent) Civil Miscellaneous Appeal No. 2902 of 2017 and C.M.P. No. 17068 of 2017—Decided on 19.7.2018 [Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Modification of conditions in view of circumstances — Rejection of application — Appellant-wife had given her consent for passing decree in terms of certain conditions, in good faith — Consent of wife will not only bind her but Court will also insist for terms and conditions incorporated therein to be scrupulously carried out — Respondent-husband is complying with condition relating to payment of monthly maintenance of Rs. 25,000 and it is also agreed by appellant-wife — If respondent contravenes any of the terms and conditions incorporated in decree it is always open to appellant to file execution petition in a manner known to law]
JUDGMENT : (HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH) Dr. Anita Rani V/s Dr. Suresh Kumar. Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. P & H HC affirms lower court decree. Divorce granted by the court.
JUDGMENT : Madras High Court (A.P. Ranga Rao vs Vijayalakshmi) Wife made Suicide attempt as the husband did NOT set up the separate house. Madras HC granted a divorce for a husband. On several occasions wife threatened to commit suicide. She insisted on the husband to start a separate establishment after severing his connection with the other members of his family, namely, mother, brother, brother’s wife and unmarried brother.
JUDGMENT : Bombay High Court (Smt. Nirmala Manohar Jagesha vs Manohar Shivram Jagesha) High Court analyses that the husband has NOT proven cruelty during matrimonial life, also not proven that the wife is of unsound mind and he is entitled to get a divorce on the basis of wild, reckless and baseless allegations of impotency, lack of masculinity made by the wife.
JUDGMENT : Delhi High Court (Chandhok (Lajwanti) vs Chandhok) Wife drives husband out of the matrimonial home, assaulted and abused him, refused to cohabit all cruelty. HC observed that husband subjected to cruelty & has become unendurable and granted divorce to him.
JUDGMENT : Delhi High Court (Smt. Alka vs Dr. R.K. Gautam) Wife Refused to have sex and threatened husband with suicide, ill-treating and uncaring attitude is shown towards relatives of husband. Delhi HC decreed the Divorce.
JUDGMENT : HIGH COURT OF JUDICATURE AT BOMBAY (Anil Yashwant Karande, Vs Smt. Mangal Anil Karande) Wife files a false case on 498a against the husband. Bombay HC accepts the innocence of husband and it ends in discharge of the accused husband and his people and granted him divorce
JUDGMENT : THE SUPREME COURT OF INDIA (K.SRINIVAS V/s K. SUNITA) Wife files a criminal complaint under section 307 read with 34, 148A, 384, 324 of IPC. Husband and seven members of his family were arrested on this. It was argued that this was solitary criminal complaint and cannot be considered as cruelty.Divorce granted by observing that even one false criminal complaint by wife constitutes matrimonial cruelty.
JUDGMENT : HIGH COURT OF JUDICATURE AT BOMBAY (Shri Mangesh Balkrushna Bhoir Vs Sau. Leena Mangesh Bhoir) Hon HC granted a divorce to the man even though trial court not specifically mentioned 498a filed by women was false. HC observed that the women have filed false cases and treated husband cruelly. Man files for divorce and granted by the civil judge but due to appeals case finally reaches the Bombay HC.
JUDGMENT : HIGH COURT AT CALCUTTA (Rita Bandopadhyay v/s Abhik Bandopadhyay) Wife claims that husband had illicit relations with own sister, abuse him in the office, deserted him and stops him seeing own son. Divorce granted by the court and appreciates statements and evidence that proves cruelty of wife to husband. It takes about 21 years after desertion to get a divorce in this case.
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