Matrimonial Law – Divorce - Cruelty and Desertion in Marriage – Grant of Divorce to Appellant – Appellant Ruma Chakraborty's appeal against the dismissal of her petition for divorce on grounds of cruelty and desertion under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 – Appellant's allegations of respondent's neglect, financial irresponsibility, a...
Divorce Petition Dismissal – Mental Cruelty and Mental Disorder Unproved – Appellant (husband) appealed against Family Court’s judgment dismissing his divorce petition under Sections 13(1)(ia) and 1(iii) of the Hindu Marriage Act, 1955, on grounds of alleged cruelty and mental disorder by respondent (wife) – Family Court found no substantial proof of cruelty or mental disor...
Quashing of FIR for Rape on False Promise to Marry - FIR and subsequent proceedings under Sections 376(2)(n) and 506 IPC were quashed due to inconsistencies and improbabilities in the complainant's allegations, demonstrating that the relationship was consensual and not based on a false promise to marry - Discrepancies noted between FIR, complainant's statement under Section 164 Cr.P....
Family Law - Divorce on grounds of irretrievable breakdown - Supreme Court exercises discretion under Article 142(1) to dissolve the marriage of Jatinder Kumar Sapra and Anupama Sapra - The marriage, solemnized on 14.10.1991, has deteriorated over 22 years of separation - Findings based on non-cohabitation since January 2002, allegations of mutual cruelty, and no possibility of reconciliation - Pr...
Family Law – Family Law – Divorce – Cruelty – High Court granted divorce to the appellant, Major Shashi Chauhan, on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. The Court set aside the impugned judgment dated 21.12.2018, which had dismissed the appellant's divorce petition. [Para 71]
Evidence – Allegations of Cruelty...
FIR for Offences under IPC and Dowry Prohibition Act – Allegations of dowry demands, physical abuse, and mental cruelty by husband and in-laws – FIR lodged in Jabalpur, transferred to Bhopal for investigation, trial pending at Bhopal – Petitioner seeks transfer back to Jabalpur [Paras 1-2, 12].
Mental Cruelty and Jurisdiction – Continuation of mental cruelty in...
Quashing of FIR – Application under section 482 Cr.P.C. for quashment of FIR – FIR lodged by the wife against the husband and other family members for offences under sections 498-A, 506, 34 of IPC read with section 3/4 of the Dowry Prohibition Act – Allegations of harassment for dowry and mental cruelty – Applicants sought quashment of FIR on grounds of vague and gene...
Matrimonial Law - Marital Discord – Grant of Divorce – Cruelty and Desertion – The High Court granted a decree of divorce in favor of the husband on the grounds of cruelty and desertion. The wife's involvement in multiple criminal cases against the husband and his family, along with her failure to disprove desertion, led the Court to conclude that the marital relationship was...
Matrimonial Law – Divorce – Grounds of Cruelty – High Court of Delhi granted divorce to the appellant under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the grounds of cruelty inflicted by the respondent. The Court evaluated the testimony of witnesses, allegations and counter-allegations of cruelty, and instances of discord in the marital relationship. [Paras 1, 19, 43]
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Matrimonial Dispute - Divorce Petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 - Allegations of cruelty and desertion by the appellant/husband against the respondent/wife - Appellant's claim of mistreatment and refusal to live together - Respondent's assertions of being a dutiful wife and attempts at reconciliation - Assessment of evidence and credibility of ...