Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-MAT-Feb-6

Ramchander Vs. Ananta

Head Note

The Hindu Marriage Act, 1955  - Section 13 (1) ,  (2)

Divorce - Ground of Mental Cruelty and Desertion - Decree of divorce passed by the trial Court set aside by High Court - Grounds - Wife did not like to live in the joint family, the defendant-wife used to abuse him as 'Dhobi' and the son as 'Dhobi's son', defendant-wife was reluctant to do any household work and was not cooking food for the plaintiff and the child which necessitated the bringing of food from outside not substantiated hence rightly set aside by High Court - The aberration on the part of the wife in filing case u/s 498A has been condoned by the husband by resuming cohabitation and they continued to live together till the date of alleged separation in 2003 - Allegation made by the wife that he has been involved in an extra marital affair with the daily rated mazdoor lady working under him - Mere failure to prove such allegation would not entitle the husband to a decree of divorce as rightly held by the High Court - Contention on behalf of the appellant that the marriage between the plaintiff and defendant has irretrievably broken down repelled - Appeal liable to be dismissed.

The Hindu Marriage Act, 1955  - Section 13 (1)

Divorce - Cruelty - The expression 'cruelty' has not been defined in the Act, 1955 - Cruelty for the purpose of Section 13(1)(i-a) is to be taken as a behaviour by one spouse towards the other, which causes a reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other - Cruelty can be physical or mental.

Topic(s)-Cruelty and Desertion - Divorce not granted

Important Decision(s)- 'Cruelty' has not been defined in the HM Act, 1955 - Is to be taken as a behaviour by one spouse towards the other.







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