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Cruelty in Marriage|Supreme Court| Rakesh Raman v. Kavita (2012)
In this significant judgement, the Supreme Court observed that a marriage characterized by an increasingly bitter and acrimonious relationship, where both parties inflict cruelty upon each other, essentially degrades the institution of marriage. The Court opined that such a situation, wherein the marriage has irretrievably broken down, warrants the dissolution of the union on the grounds of cruelty. This case is particularly noteworthy as it recognizes that cruelty may be m
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Andhra Pradesh High Court: NRI Husband’s Plea to Quash 498A Proceedings Rejected
In Venkat Perumal v. State of Andhra Pradesh , II (1998) DMC 523, the Andhra Pradesh High Court dealt with a petition filed by an NRI husband seeking to quash criminal proceedings initiated by his wife under Section 498A of the Indian Penal Code (IPC) for matrimonial cruelty. The wife had alleged that she faced harassment, humiliation, and torture during her short stay with her husband both in Madras and in the United States. When she refused to terminate her pregnancy as
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Bombay High Court: Refusing physical relations, accusing husband of affairs and humiliating him in front of his friends/employees is cruelty
In the present appeal, the appellant-wife challenged the judgment passed by the Family Court on 28-11-2019, whereby her petition for the restitution of conjugal rights was dismissed and the counterclaim of the respondent-husband for divorce was allowed and the divorce was granted. The Division Bench of Revati Mohite Dere and Dr. Neela Gokhale*, JJ., opined that the wife’s behaviour with his husband’s employees, humiliating him in front of his friends, refusing sexual relation
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Samar Ghosh vs Jaya Ghosh (2007)
This case provided comprehensive guidelines on mental cruelty as a ground for divorce. The Supreme Court held that persistent neglect, humiliation, and creating an unbearable environment could constitute mental cruelty. The judgment emphasised that mental cruelty is a state of mind and that courts must consider the cumulative effect of the conduct and its impact on the aggrieved spouse. This case is crucial in providing a nuanced understanding of mental cruelty and its impact
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