It is needless to say that the FIR is not an encyclopedia. It is sufficient for Criminal Administration of Justice to set in motion if the FIR discloses a cognizable offence. FIR is not a substantive piece of evidence,...
Mental Cruelty
Shobha Rani Versus Madhukar -Reddy12/11/1987-We are, however, not concerned with criminal offence either under the Dowry Prohibition Act or under the Indian Penal Code. We are concerned with a matrimonial conduct which constitutes cruelty as a ground for dissolution of marriage....
Reputation of the spouse if sullied amongst his colleagues amounts to mental cruelty-SC-26/02/21
7 min read
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...
It is well settled that giving repeated threats to commit suicide amounts to cruelty. When such a thing is repeated in the form of sign or gesture, no spouse can live peacefully. In the case on hand, the Appellant-husband...
Mere trivial irritations, quarrels, normal wear and tear of married life is not mental cruelty-SC
13 min read
The concept of mental cruelty cannot remain static; it is bound to change with the passage of time, impact of modern culture through print and electronic media and value system, etc. etc. Hindu Marriage Act, 1955—Section 13—Divorce—Cruelty—Rejection of divorce...
26/3/2007-Samar Ghosh vs Jaya Ghosh-Law of divorce based mainly on fault is inadequate to deal with a broken marriage. Under the fault theory, guilt has to be proved; divorce courts are presented concrete instances of human behaviour as bring...
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...
