The Rajasthan High Court has held that a wife’s unilateral refusal of physical relations for a considerable period, without any incapacity or valid reason, is mental cruelty, and upheld the husband’s divorce decree.
The wife said her husband earns Rs 4 lakh a month; he relied on a salary record of Rs 50,000. The Allahabad High Court left a Family Court award of Rs 15,000 a month where it was, holding that Section 125 CrPC maintenance is a measure of social justice and not a bonanza. Prayagraj: A […]
The Karnataka High Court has held that a child’s birthday not cruelty can be claimed merely because the wife spent her own money on the celebration, and dismissed her divorce appeal. Bengaluru: The Karnataka High Court has held that a wife’s spending from her own earnings to celebrate a child’s birthday cannot, by itself, amount […]
The Patna High Court dismissed a wife’s appeal against a Family Court divorce decree, holding that long separation and denial of conjugal relations amounted to cruelty, and left her free to seek permanent alimony under Section 25 of the Hindu Marriage Act.
The Andhra Pradesh High Court has quashed criminal proceedings under Section 498A IPC and the Dowry Prohibition Act against a husband’s mother and uncle, holding the charge sheet disclosed only bald allegations with no specific role against them.
The Kerala High Court has held that a husband’s consent or acceptance is immaterial when a Muslim wife invokes khula, and that a Family Court asked to endorse it need only check three ingredients rather than hold a detailed inquiry.
The Delhi High Court has upheld the acquittal of a husband and his parents in a dowry death and abetment of suicide case, holding that matrimonial discord or disappointment in a marriage is not abetment unless there is a positive act of encouragement or incitement.
The Madras High Court has held that the standard of proof for establishing marriage in a Section 125 CrPC claim is lower than in a bigamy prosecution, and that the burden is on the husband to prove that an earlier marriage was subsisting.
The Delhi High Court has quashed FIR No. 774/2015 of Police Station Dabri against Hari Govind under Sections 498A, 406 and 354 read with Section 34 IPC, holding that continuing the case would serve no useful purpose after the spouses settled for Rs 11.7 lakh through mediation, divorced by mutual consent and the complainant said she had no objection.
A Division Bench of the Madurai Bench of the Madras High Court dismissed a husband’s appeal against refusal of divorce on grounds of cruelty, holding that childlessness cannot be converted into a matrimonial fault of the wife and that marriage cannot be reduced to the sole object of procreation.
