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Top 12 Judgments Where Husbands Won Divorce On Grounds Of Cruelty Top 12 Judgments Where Husbands Won Divorce On Grounds Of Cruelty

Bronze medal Reporter Adv Rose Posted 5 May 2020
Top 12 Judgments Where Husbands Won Divorce On Grounds Of Cruelty

1.Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. and B.B. Mangalmurti. Nisha Rashmi Vs. Kamlesh Pandey On 16 July 2018

Law Point: Hindu Marriage Act, 1955 —-Section 13 (1)(ia) —-Cruelty —- Petitioner- wife stayed for 4-5 days only after marriage—- No serious attempts to resolver issues by her family members or wife —- The way the matrimonial relationship has been neglected shows her indifference to the sacred institution of marriage—- the cumulative effect of evidence on record established sustained attitude of causing humiliation and torture on part of the wife to make the life of husband miserable—- Finding Of Family Court does not suffer from any perversity in appreciation of evidence or any errors of law or fact which requires any interferes in appeal.

2. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH, FAO No. 262-M of 2006 (O&M). Dr.Anita Rani Versus Dr.Suresh Kumar

Filing false criminal cases, breaking & throwing mangalsutra, getting husband arrested, neglecting household, ill-treating husband, etc is cruelty. Divorce granted. P & H HC affirms lower court decree.

* Wife leaves matrimonial home on many occasions
* Wife breaks mangalsutra throws it on the ground during the quarrel
* Wife has written letters to husband’s employer urging them to take action against the husband
* Wife files false 406, 498a case wherein the husband was arrested.

HC summarizes that “……The primary question that arises for consideration in this appeal is whether the acquittal of the husband and his family members of matrimonial offences under Sections 406, 498-A of the Indian Penal Code would be sufficient to hold that it has caused mental cruelty to the husband so as to entitle him to a decree of divorce under Section 13(1) (ia) of the Act….”

3. Madras High Court A.P. Ranga Rao vs Vijayalakshmi on 26 September 1988. Equivalent citations: I (1990) DMC 567

Suicide attempt as the husband did NOT set up a separate house is cruelty. The husband gets divorce! Madras HC

* Wife attempts suicide on multiple occasions
* She is taken to the Govt Stanley medical hospital and treated
* She claims that she tried to commit suicide because husband refused to set up a separate house
* Madras HC appreciates the evidence and conduct of parties and concludes that the wife treated the husband with cruelty and so divorce granted.

4.HIGH COURT OF JUDICATURE AT ALLAHABAD. Case:- FIRST APPEAL No. – 175 of 2010. Smt. Ruchita Srivastava Vs Vivek Swaroop

498a arrest and publishing allegations and writing to superiors are cruelty. Divorce granted.

5.Bombay High Court Bench: Justice R.D Dhanuka. ANIL YASHWANT KARANDE VS. MANGAL ANIL KARANDE

Law Point: Hindu Marriage Act 1955—- Section 13(1) (ia)—-Cruelty—-Restitution Of Conjugal right—-False Implication of husband and his family member alleging offence under section 498A, 323, 504, 506, IPC—-Amounts to Matrimonial cruelty—-Irretrievable breakdown of marriage—-Parties living separately since 2002—-Appellant-husband has withdrawn from the society of respondent-wife without reasonable excuse—-Not a fit case for granting relief under section 9 of H.M act in her favour—- Appellant entitled to divorce under Section 13(1)(ia).

6.IN THE HIGH COURT AT CALCUTTA. Appellate/Revisional/Civil Jurisdiction. F. A. No. 191 of 2005. Sri Debabrata Chakraborty Versus Smt. Rina Chakraborty.

False 406, false allegations of illicit relation, veneral disease all cruelty. Husband win’s Divorce. NO maintenance to wife!

False case of 406 that is not pursued, false allegations of illicit relations with other women, false allegations of venereal disease, etc which are NOT proven are matrimonial cruelty. Wife files 498a, 406 knowing that the husband is a govt servant and has to run for bail. Divorce granted to the Husband. Maintenance to son, Only if son comes and stays with father at least once a week.

7. Rajasthan High Court Bench: JUSTICE Ajay Rastogi, J. and Mr. Ashok Kumar Gaur. Geeta Vs. Raghuveer Singh On The 17 July 2017

Law Point: Hindu Marriage Act, 1955—- Section 13(1)(ia)—- Mental Cruelty—- Extra marital relation—-No. reliable evidence—-no foundation—-Wife alleges illicit relation against husband with her maternal grandmother and other females—- Caused mental cruelty to respondent-husband—- Serious aspersion on the character of a person—- Ground of cruelty well established from pleading on record.

8.HIGH COURT OF JUDICATURE AT BOMBAY. SECOND APPEAL NO. 634 OF 2013. Shri Mangesh Balkrushna Bhoir Versus…. Sau. Leena Mangesh Bhoir

The criminal case before marriage, criminal case after marriage! Man & parents arrested. Divorce granted by HC.

Live-in woman uses Dowry case before marriage, to rope in man, forcing him to marry her. She then promptly Files an IPC 498a (cruelty to wife case) after marriage again. The husband and parents are arrested. She goes on appeal against the husband’s divorce. The HC appreciates the fact that the woman has filed false cases and treated the man with cruelty. The Hon HC grants divorce to the man.

9. Bombay High Court Bench: JUSTICE V.M KANADE AMD P.D KODE. Nitin Ramesh Dhiwar VS. Ropali Nitin Dhiwar on 16 August 2012

Law Point: Hindu Marriage Act, 1955—- Section 13(1) (ia)—-Cruelty—-Filling of the false criminal complaint itself amounts to cruelty within the meaning of section 13 (1) (ia) of Act—-Impugned judgment and order passed by family court quashed and set aside.

10. Calcutta High Court. Smt. Kajal Roy vs Prasanta Kr. Roy. Equivalent citations: (2005) 2 CALLT 567 HC

The husband wins divorce on grounds of cruelty as wife regularly leaves husband files false 498a 406 where the husband is arrested. The wife also loses appeal.

11. IN THE HIGH COURT OF JUDICATURE AT MADRAS; C.M.A.No.2148 of 2008 and M.P.No.1 of 2008. P.Nirmala Vs. K.Muruguselvam

Wife ALLEGES husband had ILLICIT relations with his OWN MOTHER; starves husband, insults, and makes character assassination of the father in law; husband granted the divorce on grounds of cruelty.

12.PUNJAB AND HIGH COURT Bench: JUSTICE AJAY KUMAR MITTAL AND MRS. SNEH PRASHAR

Dr. Anita Rani VS. Dr. Suresh Kumar On 26 Feb 2015

Law Point: The wife showing disrespect to the husband and his family members amounted to cruelty towards the Husband. Irresistible conclusion wife treated husband-respondent with cruelty.

These Judgments are helpful for lawyers in India.

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