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.
Tag: Divorce
Marriage-Irretrievable Breakdown
Irretrievable Breakdown of Marriage Irretrievable breakdown of a marriage is not a ground for divorce under the Hindu Marriage Act, 1955. Because of the change of circumstances and for covering a large number of cases where the marriages are virtually…
How to deal with a Divorce Petition
A petition for divorce is not like any other commercial suit. A divorce not only affects the parties, their children, if any, and their families but the society also feels its reverberations. Stress should always be on preserving the institution…
Islam approves wife to divorce her husband
In Islam divorce is talaq which means "freeing or undoing the knot." A wife can ask for Khula and the husband is bound to grant it. The condition for divorce as culled out from the following verses : No-fault but…
Law of Divorce
Grounds for decree for dissolution of a Muslim marriage
A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (i) that the whereabouts of the husband have not been known…
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Divorce under the Muslim Law that parties could not live within the limits of God.
There is the well known incident in the case of Jameela, wife of Sabit Bin Kais, who hated her husband although the husband was extremely fond of her. It is said that Jameela requested the Holy Prophet to get her…
Read More Divorce under the Muslim Law that parties could not live within the limits of God.
Difference between a Khula divorce and a Mubara’at divorce
Khula literally translates to 'extinguishment' in Arabic. See Radd-ul-Muhtar, Vol. II, p. 916. Khula is mentioned in the Quran in Chapter II, verse 229, and in Chapter IV, verse 127. For a detailed explanation of khula, see Muhammadan Law, Vol.…
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Union cabinet approved Triple Talaq Ordinance-makes it punishable offence
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?
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.
Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]
KEYWORDS:- DOMESTIC VIOLENCE-SETTLEMENT DATE:-18-02-2009 AIR 2009 SCW 6622 : (2009) 3 SCALE 120 : (2009) 3 SCC 448 (SUPREME COURT OF INDIA) Aviral Bhatla Appellant Versus Bhawana Bhatla Respondent (Before : Arijit Pasayat And Asok Kumar Ganguly, JJ.) Transfer Petn.…
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Pankaj Mahajan Vs Dimple @ Kajal[ALL SC 2011 SEPTEMBER]
KEYWORDS:-DIVORCE-MENTAL CRUELTY-INSANITY OF WIFE- DATE:-30-09-2011- "Husband had placed ample evidence on record that the Respondent-wife is suffering from “mental disorder” and due to her acts and conduct, she caused grave mental cruelty to him and it is not possible for…
Read More Pankaj Mahajan Vs Dimple @ Kajal[ALL SC 2011 SEPTEMBER]
Ranjit Kaur Vs Major Harmohinder Singh and Others[ALL SC 2011 NOVEMBER]
KEYWORDS:-EVICTION OF WIFE AFTER DECREE OF DIVORCE Date: 02-11-2011- "Even though, after passing of the decree of the divorce she may not have a legal right to continue to remain in possession of the suit property, Respondent No. 1 cannot…
Read More Ranjit Kaur Vs Major Harmohinder Singh and Others[ALL SC 2011 NOVEMBER]
Anu Bhandari Vs. Pradip Bhandari [ALL SC 2018 MARCH]
KEYWORDS:- decree of divorce-SETTLEMENT- DATE: MARCH 5, 2018 Under Section 9 of the Family Courts Act, 1984, the Court has a duty to make an endeavour to assist and persuade the parties in arriving at a settlement.The jurisdiction is not just to…
Read More Anu Bhandari Vs. Pradip Bhandari [ALL SC 2018 MARCH]
Smt. Satya Vs Teja Singh [ ALL SC 1974 October]
Whether Indian Courts bound to give recognition to divorce decrees granted by foreign Courts? DATE:-Decided on : 01-10-1974- Whether a Hindu marriage solemnised within this country can be validly annulled by a decree of divorce granted by a foreign Court…