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Cruelty, Harassment & Domestic Violence

Best and Experienced Lawyers online in India > Cruelty, Harassment & Domestic Violence

Individual Instance of Misbehaviour seen in Isolation would not be Sufficient to Establish Mental Cruelty

Ramchander v. Ananta [(2015) 11 SCC 539]- In this case the marriage between the appellant and the respondent was solemnized on 2 April, 1994 and a male child was born from the wedlock. After three years of marriage, the respondent wife started living separately and upon legal notice sent by the appellant she returned back to her matrimonial home. But again, in March, 2003 she left her matrimonial home and started living with her parents and has not come back sine. The husband filed for divorce on the grounds of desertion and cruelty. He alleged that immediately after marriage, the...

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Staying Together is not a Precondition for Mental Cruelty

K. Srinivas Rao v. D.A. Deepa [(2013) 5 SCC 226]The facts of the case are as such that an appeal was made by the appellant namely K. Srinivas Rao to the Hon’ble Supreme Court against the order passed by the High Court setting aside the decree of divorce granted to him. The marriage between the appellant husband and respondent wife namely D.A. Deepa was solemnized on 25 April, 1994 but on the very next day of their marriage, the dispute arose between the elders of both families. That led to separation of the newlywed couple and they started living separately....

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Forcing Husband to Stay Away from his Parents and Character Assassination of Husband by Wife amounts to Cruelty

Narendra vs. K. Meena [Civil Appeal No. 3253 of 2008]The facts of the case are that the appellant, namely Narendra, approached the Hon’ble Supreme Court praying for decree of divorce. The marriage between the both was solemnized in 1992. The appellant filed for the divorce as the respondent had become cruel because of her highly suspicious nature and she used to allege him of extra- marital affair on baseless grounds. The Respondent was also forcing the Appellant to leave his parent’s home and live separately with her and in this case, it would be more cruel for the appellant to...

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Unilateral Decision of Wife not to have Child is Cruelty to Husband

Samar Ghosh v. Jaya Ghosh [(2007) 4 SCC 511]The facts of the case are that the appellant approached the Hon’ble Supreme Court praying for decree of divorce. The marriage between the appellant namely Samar Ghosh and the respondent namely Jaya Ghosh was solemnized in 1984 and the respondent was divorced and had a female child from her first marriage. The appellant stated that immediately after marriage the respondent asked the appellant to not to interfere in her career and had also unilaterally decided that she would not give birth to a child and the appellant should try to keep himself...

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Customary Gifts Given at the Time of Child Birth or Other Ceremonies are not Dowry

Narayanamurthy v. State of Karnataka [(2008) 16 SCC 512]The facts of the case are as such that the appellant namely Narayanamurthy, who is husband of deceased, made an appeal to the Hon’ble Supreme Court against the order of High Court in which, the High Court have convicted Narayanamurthy for the offence of dowry death under section 498-A & 304-B of Indian Penal Code, 1860 (IPC). The marriage between the accused narayanamurthy and the deceased was solemnized in the year 1989 and a girl child was born in the wedlock. It was alleged that after the marriage, the accused and his...

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Giving threats to commit Suicide amounts to Cruelty: Best Criminal Lawyer Advice

Pankaj Mahajan v. Dimple [(2011)12 SCC 1The facts of the case are that the marriage of appellant namely Pankaj Mahajan and respondent Dimple was solemnized on 2 october,2000 and they had one female child out of wedlock. After the marriage, the appellant notices some changes in the behaviour of the respondent. She used to abruptly get very aggressive and suspicious in nature. In her anger, she used to give threat to appellant that she would end her life by committing suicide and frame the appellant and his family member in forged criminal case, unless provided with a separate residence. On...

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Criminal Defenses & Important Evidences on behalf of Husband & his Family Members in Cases of Domestic Violence

The law in India is well settled that, false complaints reported to the police or any concerned authority by either of the spouses against another for mistreatment, abusive behaviour on demand of dowry, shall amount to cruelty. The legal procedures have been well established on the record that false, baseless, scandalous and any sort of unapproved complaint against the husband to anti-dowry cell and allied departments harrows the experience for the husband and with regards to the circumstances of such cases, this will amount to cruelty and is sufficient to prove her intention to dessert the matrimonial home (Smt. Krishna...

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Laws & Legal Procedure for Divorce by Mutual Consent

Recently, there has been a rise in the divorce cases filed in India. The coronavirus outbreak has affected the personal lives of individuals by taking its toll on strained couples. Law firms and advocates have reported numerous complaints of couples who want to split-up. This article discusses the laws and the legal procedure that governs Divorce by Mutual Consent. Before 1976, the Special Marriage Act was the only Indian statute that dealt with the provisions of divorce by mutual consent. Two adults married or registered under this act could get their marriage dissolved by mutual consent. Various provisions in India...

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Explaining the Realm of Divorce Laws in India: Lawyers Advice

Marriage is considered sacramental in India. It is believed as the union of two souls. The Act does not use the term ''sacramental marriage'' but is termed as ''Hindu Marriage'' and is accepted as an obligation that needs to be fulfilled by both the spouses for all their lives. Though marriage is considered sacramental but, in case of any dispute between the husband and wife out of the matrimony, either spouse could seek a matrimonial relief or remedy. The Hindu Marriage Act, 1955 defines divorce as the dissolution of marriage. Under the Hindu Marriage Act, various reliefs have been...

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Deciding factors for the Grant of Custody of Children in a Divorce Case

The question of custody usually comes up in cases of divorce or judicial proceedings. The Judiciary in India has always given more importance to the interests of the child. Indian laws and regulations for child custody mostly depend on the religion of the child and parents. Personal laws govern the custody of the children along with the guardians and wards acts, 1890. Judiciary in India mostly focuses on the social, and intellectual development of the child, the child must be placed in a healthy environment and amidst a good family. Courts consider various factors while granting custody for the welfare...

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