The Mohomedan law, on a question of what is legal cruelty between Man and Wife, would probably not differ materially from our own of which one of the most recent exposition is the following:- There must be actual violence of such a character as to endanger personal health or safety; or there must be a reasonable apprehension of it’
Desertion within the meaning of Section 10(1)(a) of the Act read with the Explanation does not imply only a separated residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation.
In order to entitle the appellant to obtain a decree of nullity, as prayed for by him, he will have to establish that his wife, the respondent, was impotent at the time of the marriage and continued to be so until the institution of the proceedings.
The burden is on the petitioner to show that desertion without cause subsisted throughout the statutory period
Desertion is not the withdrawal from a place but from the state of things, for what the law seeks to enforce is the recognition and discharge of the common obligations of the married state; the state of things may usually be termed, for short, ‘the home’
Under Hindu Law marriage is a sacrament and it is the religious duty of the father to give his daughter in marriage to a suitable person but if he receives a payment […]
The general rule in all questions of cruelty is that the whole matrimonial relations must be considered, that rule is of a special value when the cruelty consists not of violent act but of injurious reproaches, complaints, accusations or taunts. It may be mental such as indifference and frigidity towards the wife, denial of a company to her, hatred and abhorrence for wife, or physical, like acts of violence and abstinence from sexual inter-course without reasonable cause. It must be proved that one partner in the marriage however mindless of the consequences has behaved in a way which the other spouse could not in the circumstances be called upon to endure, and that misconduct has caused injury to health or a reasonable apprehension of such injury.
the respondent-husband should not have re-married before the expiry of period stipulated for filing Special Leave to Appeal in this Court by the wife.