Supreme Court allows husband’s plea for Potency Test on wife’s claim of his impotency
Supreme Court said that as the husband is willing to undergo potency test, the High Court should have upheld the order of the Trial Court to that extent
Restitution of conjugal rights
Husband put on higher degree than wife is unacceptable; Calcutta High Court grants restitution of conjugal rights to wife
“It is a collective duty of both husband and wife to wither the trivial issues which are normal in a matrimonial life and mutual respect to the decision of each other appears to be the hallmark of the society. Even the Constitution recognises equality in gender and, therefore, the husband to be put on higher degree than that of the wife is unacceptable.”
Constant taunts on husband’s financial capacity, disrupting family relations will cause disquiet in husband’s mind, thus amounts to mental cruelty: Delhi HC upholds divorce
“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”
Karnataka HC | A third party’s privacy cannot be permitted to be violated on the specious plea of a husband seeking to prove his wife’s illicit relationship
A Family Court order allowed a husband to seek mobile tower record details of the petitioner’s mobile number, so that he can prove the existence of illicit relations between the petitioner and his wife. The Karnataka HC sternly quashed the same citing violation of petitioner’s Right to Privacy
Telangana High Court | Objecting husband from taking care of his parents would amount to cruelty and consequently lead to divorce by the Family Court
Telangana High Court: In a case where the offences alleged against the petitioners under Section 498-A of the Penal Code,
Bombay High Court | Wife being well qualified desiring to work does not amount to cruelty; Inference of desertion not to be drawn merely on grounds of living separately
Bombay High Court: In an appeal filed by husband challenging the judgment and decree of restitution of conjugal rights and
Madhya Pradesh High Court | Minor Differences of opinion between the Husband and Wife does not amount to Cruelty
“The minor differences cannot be termed as cruelty between husband and wife. There should be no expectation of overnight change in the husband and wife. Time should be given by both of them to each other to transpose as a wife and as a husband in married life.”
Can a wife be forced to cohabit and establish conjugal rights? Or can a decree do so? Guj HC answers
Gujarat High Court: The Division Bench of J.B. Pardiwala and Niral R. Mehta, JJ., while dealing with a matter regarding restitution of
Does failure to disclose mental disorder before marriage constitute perpetration of fraud so as to grant divorce? Del HC decides
Delhi High Court: While stating that, Marriage is not made of only happy memories and good times, and two people in a
Malicious allegations against spouse costing him his job and reputation not an attempt to preserve the relationship but a definite case of mental cruelty: Supreme Court
“When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.”
Bom HC | Husband making wild allegations that wife, her relatives, secured false certificates to get employment. Does husband’s conduct amount to ‘Mental Cruelty’ to wife? HC explains while upholding Family Court’s decision
Bombay High Court: The Division bench of A.S. Chandurkar and Pushpa V. Ganediwala, JJ., upheld the family court’s finding that “the behaviour
Madras HC | Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty’ ground. Read HC’s decision on challenge to Family Court’s decision
Madras High Court: T. Raja and G. Chandrasekharan, JJ., addressed a matter wherein wife approaches the wife appealed against the family court’s decision
Restitution of conjugal rights| Read how Supreme Court imparted justice to a woman despite rejecting her Transfer Petition
“While the hardship, both social and financial, pleaded by the petitioner deserves favourable consideration, the transfer of the case at this stage of the proceeding may not be appropriate.”
Thinking of seeking transfer of petition for restitution of conjugal rights under Section 21-A(2)(b) of the Hindu Marriage Act, 1955? SC says you can’t
Supreme Court: In a case where the husband and wife both sought transfer of cases filed against by both of them against
[Abetment to Suicide] Del HC | Deceased appeared to be of weak character, not in a position to face ups and downs of life and committed suicide, no case of abetment
Delhi High Court: Rajnish Bhatnagar, J., while addressing petition in regard to matrimonial discord resulting into husband committing suicide held that, “…deceased/husband appears
Bom HC | Husband cannot be ordered to procreate during pendency of petition for restitution of conjugal rights; Family Court’s conclusion a shock to judicial conscience
Bombay High Court: Ravindra V. Ghuge, J., while allowing the present petition and setting aside the impugned order of the Family Court,
Pat HC | Criminal case quashed under inherent powers after parties amicably settle their grievance
Patna High Court: A Bench of Ahsanuddin Amanullah, J. allowed the quashing of the criminal case owing to the amicable compromise between
Order of cohabitation under decree for restitution of conjugal rights or for its execution can’t enforce sexual relations between estranged spouses
High Court of Delhi: While examining the question relating to the execution of a decree for restitution of conjugal rights, the Bench