The Madras High Court (Madurai Bench) held that prolonged neglect, separation, and filing serious criminal allegations can amount to mental cruelty. Justices G.K. Ilanthiraiyan and R. Poornima granted divorce, finding the husband proved cruelty by his spouse.
The Gujarat High Court held procedural defects cannot defeat Mubarat divorce where mutual consent exists, recognizing dissolution without written agreement, criticizing a Family Court’s hyper-technical approach, and affirming Muslim personal law principles prioritizing substantive justice over procedural requirements.
The Chhattisgarh High Court set aside a Family Court order rejecting a mutual-consent divorce petition because the husband belonged to a Scheduled Tribe, ruling that Hindu Marriage Act, 1955 protections cannot bar couples married under Hindu customs.
The Delhi High Court set aside a Family Court order denying waiver of the mandatory one-year waiting period for mutual consent divorce. A bench of Justices Vivek Chaudhary and Renu Bhatnagar held that forcing a non-consummated marriage causes hardship.
The Supreme Court has warned warring couples against using courts to settle personal scores, saying such litigation chokes the justice system. Emphasising mediation, the Court urged early reconciliation in matrimonial disputes instead of prolonged civil and criminal battles.
