Important Judgement on Hindu Marriage Act 1955 Section 13 (1) (ia)

Important Judgement on Hindu Marriage Act 1955 Section 13 (1) (ia)

Important Judgement on Hindu Marriage Act 1955 Section 13 (1) (ia)

  • Acts subsequent to the filing of the petition can be taken note of to show a pattern in the behavior and conduct. Jayachandra vs Aneel Kaur– Supreme Court-Decided on 02 December 2004. Equivalent Citation– (2005) 2 SCC 22.
  • Divorce on Cruelty as wife’s letter to others regarding husband’s impotency was cruelty. Padmini vs G. Sivananda Babu– Andhra HC- Decided on 11 November 1999. Equivalent Citation-2000 (2) ALD 258, 2000 (2) ALT 259, II (2000) DMC 760.
  • Husband files Divorce on Mental Cruelty as Wife left husband and refused to return. Wife also filed police complaint. Wife pleaded to dismiss divorce using Hindu Marriage Act Section 23(1) (a) but Divorce granted with Alimony. V.N. Kameswara Rao vs G. Jabilli– Supreme Court- Decided on 10 January 2002. Equivalent Citation-2002 AIR SCW 162, (2002) 2 SCC 296.
  • The allegation of adultery made by the wife appellant and not proved is nothing but mental cruelty. Jayanti Deb Das vs Manas Kumar Das– Tripura HC- Decided on 19 February 2015. Equivalent Citation– AIR 2015 Tripura 25.
  • One false criminal complaint filed by the wife is sufficient to constitute matrimonial cruelty. Hence Divorce. Srinivas vs K. Sunita– Supreme Court- Decided on 19 November 2014. Equivalent Citation-(2014) 16 SCC 34.
  • Marriage, No intercourse, Wife made false complaints to husband’s boss, hence Divorce on mental cruelty. Kamini Sondhi vs Kapil Sondhi– Delhi HC- Decided on 09 September 2016- APP (F.C.) 95/2016.
  • Divorce on Cruelty as Wife had filed a criminal complaint. Kavita vs Harish Raisen– Madhya Pradesh HC- Decided on 13 April 2006. Equivalent Citation-2006 (2) MPHT 515.
  • Divorce on Cruelty as Wife had filed a criminal complaint. But with Huge Maintenance for Child. Malathi Ravi vs B.V. Ravi– Supreme Court- Decided on 30 June 2014. Equivalent Citation-2014 (7) SCC 640.
  • Cruelty not proved, but both parties were at fault hence judicial separation. Manisha Tyagi vs Deepak Kumar– Supreme Court- Decided on 10.02.2010. Equivalent Citation– I (2010) DMC 451 (SC).
  • Divorce on grounds of Cruelty as wife makes many false allegations and also termed husband as impotent, ill treatment to husband’s parents. Manoj Kumar Soni vs Deepti Soni– Madhya Pradesh HC- Decided on17 September 2014-First Appeal No.25/2010.
  • Divorce on Cruelty as wife makes many false allegations and also termed husband as impotent, ill treatment to husband’s parents. Standard of proof beyond reasonable doubt not required in matrimonial disputes. Mayadevi vs Jagdish Prasad– Supreme Court- Decided on 21 February 2007. Equivalent Citation– AIR 2007 SC 1426
  • Serious and unsubstantiated allegations of Adultery amount to cruelty offering a ground for Divorce. Monika Sharma vs Kuldeep Kumar Dogra– Himachal Pradesh HC- Decided on 31 July 2015-FAO (HMA) No.70 of 2013.
  • Unproven allegations of affairs levelled by wife, threats and attempt to commit suicide by her amounted to mental cruelty offering a ground for Divorce. Narendra vs K.Meena– Supreme Court- Decided on 06 October 2016-CIVIL APPEAL NO.3253 OF 2008.
  • Wife filed multiple cases on husband, irretrievable breakdown of the marriage Supreme Court grants divorce to husband on the ground of mental cruelty. But with high maintenance amount. Naveen Kohli vs Neelu Kohli– Supreme Court- Decided on 21 March 2006. Equivalent Citation-2006 (4) SCC 558.
  • Filing of a false criminal complaint against the husband itself amounts to mental cruelty within the meaning of section 13(i) of Hindu Marriage Act. Nitin Ramesh Dhiwar vs Roopali Nitin Dhiwar– Bombay HC- Decided on 16 August 2012. FAMILY COURT APPEAL NO.118 OF 2006.
  • Repeated threats to commit suicide amounts to cruelty offering a ground for Divorce. Pankaj Mahajan vs Dimple @ Kajal– Supreme Court- Decided on 30.11.2011. Equivalent Citation-(2011) 12 SCC 1.
  • Divorce on Cruelty as Wife had filed a criminal complaint. But with Maintenance. Sadhana Srivastava vs Sri Arvind Kumar Srivastava– Allahabad HC- Decided on 06 September 2005. Equivalent Citation– AIR 2006 All 7, 2006 (1) AWC 177, II (2005) DMC 863.
  • Enumerated illustrations of mental cruelty in detail with respect to different country laws. Samar Ghosh vs. Jaya Ghosh– Supreme Court- Decided on 26 March 2007. Equivalent Citation-(2007) 4 SCC 511.
  • It is well settled that if the material pleading is not denied or traversed, it is deemed to have been admitted. wife threatening the husband of pouring kerosene on herself and of falsely implicating by making complaints against him and his family members in the Police Station, tantamount to cruelty. No husband would like to hear that he was impotent for about 6 to 7 months after the marriage, if that was not true. Such an allegation would surely hurt a man’s ego. Savita Sachin Sathone vs Sachin Matotrao Sathone– Bombay HC- NAGPUR BENCH- Decided on 08 August 2016-FAMILY COURT APPEAL NO. 248 OF 2014.
  • The wife has no right to have a force entry in the house of her husband against his will, once a matrimonial suit has been filed and if she is provided with maintenance by the husband. Subhash Chandra Das Chowdhury vs Sandhya Das Chowdhury– Calcutta HC- Decided on 18 July 2008. Equivalent Citation-(2008) 3 WBLR (Cal) 815.
  • The letters and entries in diary of wife, it was proved that there was mental cruelty on the part of the wife. Suman Kapur vs Sudhir Kapur– Supreme Court- Decided on 07 November 2008. Equivalent Citation-(2009) 1 SCC 422.
  • Wife’s allegations of dowry harassment, 498A/ 406, DV Act proven false, her evidence doesn’t prove allegations; cruelty and divorce to husband. Suman Singh vs Sanjay Singh– Delhi HC- Decided on 23 May 2013. Equivalent Citation-2013 (5) RCR (Civil) 844.
  • Legal proposition on aspect of cruelty. Vinita Saxena vs. Pankaj Pandit– Supreme Court- Decided on 21 March 2006. Equivalent Citation-(2006) 3 SCC 778
  • Divorce on Cruelty but with Huge Alimony. Vishwanat vs Sarla Vishwanath Agrawal– Supreme Court- Decided on 04 July 2012. Equivalent Citation– AIR 2012 S.C 2586.

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Also Read:-IMPORTANT JUDGMENTS ON DOMESTIC VIOLENCE ACT

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Bhupendra Sharma

"Bhupendra Sharma is a practicing lawyer at Rajasthan High Court who completed his graduation from the University of Rajasthan. He has pursued his LLM from Acharya Nagarjuna University. He is also a degree holder in Master of Education and Master of Business Administration."