Tag: Divorce

Reputation of the spouse if sullied amongst his colleagues amounts to mental cruelty-SC-26/02/21

Posted by on in Matrimonial

whether the conduct of the respondent would fall within the realm of mental cruelty. Here the allegations are levelled by a highly educated spouse and they do have the propensity to irreparably damage the character and reputation of the appellant. When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.

Union cabinet approved Triple Talaq Ordinance-makes it punishable offence

Posted by on in CIVIL

September 19, 2018 :- In a News brief the law minister said : Ravi Shankar Prasad: 'We have approved the ordinance on Triple Talaq' 'We came to know about 430 Triple Talaq cases, 239 before the judgement and 201 after the judgement' 'We always tried to have a word with Congress on this issue. I tried to have a word with Ghulam Nabi Azad five times but he refused to take any decision on this' 'Sonia Ji being distinguished women leader did not take any action on this issue and she never supported us due to vote bank politics. I approached them 5-6 times' 'Women of the Muslim community are helpless in our country. We came to know that major cases are coming from Uttar Pradesh. There was an urgency to bring this ordinance' 'Under this ordinance, only the woman (victim) or her blood relatives can register a case' 'Magistrate can appoint a bail but after consultations of the victim' 'Mothers are entitled for maintenance of herself as well as her children from the accused with consultation of the magistrate' 'Appeal to Sonia Ji, Mamata Ji, Mayawati Ji that you should think about humanity and not about vote bank politics'

What is the kind of mental cruelty that is required to be established to get divorce?

Posted by on in Divorce, Hindu Law

The question arises what kind of cruel treatment does clause 13(ia) contemplate? In particular, what is the kind of mental cruelty that is required to be established’? While answering these questions, it must be kept in mind that the cruelty mentioned in clause (ia) is a ground now for divorce as well as for judicial separation u/S. 10. Another circumstance to be kept in mind is that even where the marriage has irretrievably broken down, the Act, even after the 1976 (Amendment) Act, does not permit dissolution of marriage on that ground.