Excerpt: When a complaint is filed, necessarily the accused will be in a disadvantageous position and he will have to suffer the trauma and consequences of defending the complaint. If such a complaint is found to be false, definitely it gives the accused a right even to proceed against the complainant for malicious prosecution. Kerala … Continue reading Divorce granted on false 498a
Excerpt:The stand of the respondent wife that she wants to live separately from her husband but is not agreeable to a mutual divorce is not acceptable, since living separately is one of the grounds for grant of a mutual divorce and admittedly the parties are living separately for more than seven years. JUDGEMENTS CITED: … Continue reading Irretrivable breakdown of marriage dissolved using article 142 of constitution of India.
Excerpt: Cruelty can be physical or mental. Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger. Supreme Court of … Continue reading Smt. Mayadevi vs Jagdish Prasad
Excerpt:In our opinion, the first instance of mental cruelty is seen in the scurrilous, vulgar and defamatory statement made by the respondent-wife in her complaint dated 4/10/1999 addressed to the Superintendent of Police, Women Protection Cell. The statement that the mother of the appellant-husband asked her to sleep with his father is bound to anger … Continue reading K.Srinivasa Rao vs DA Deepa
Excerpt: it was clearly established in this case that the respondent is guilty of having caused mental torture of the gravest nature to the appellant which in short can be termed as cruelty. Delhi High Court Ashok Kumar vs Smt. Vijay Laxmi on 14 August, 1991 Equivalent citations: AIR 1992 Delhi 182, II (1993) DMC … Continue reading Divorce on mental cruelty