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-2006-SC-MAT-Mar-2

Naveen Kohli Vs. Neelu Kohli

Head Note

The Hindu Marriage Act, 1955  - Section 13 , Section 10

Mental cruelty - Wife getting a notice published cautioning the people not to deal with her husband - Held, it was mental cruelty - Divorce granted to husband.

The Hindu Marriage Act, 1955  - Section 13 (1) , Section 10

Irretrievable breakdown of marriage - Husband wife living separately for 10 years - Filing civil suits and criminal complaints levelling allegations of extra-marital relations against each other - Marriage wrecked beyond hope - Decree of divorce granted to husband on ground that marriage had broken down irretrievably although wife did not want divorce - However, husband to pay a some Rs. 25 lakhs to wife towards permanent maintenance.

The Hindu Marriage Act, 1955  - Section 13 (1) , Section 10

Irretrievable breakdown of marriage is not a ground for divorce under Hindu Marriage Act - Because of change of circumstances large number of marriage are virtually dead - Recommendation made to Union of India to amend Hindu Marriage Act and incorporate irretrievable breakdown of marriage as a ground for grant of divorce.

The Hindu Marriage Act, 1955  - Section 13 (1) , Section 10

Mental cruelty - Irretrievable breakdown of marriage - Wife living separately for long, but did not want divorce by an mutual consent only to make life of her husband miserable - It is cruel treatment and showed that marriage had broken irretrievably - Decree of divorce granted.

Topic(s)-Irretrievable breakdown of marriage , Mental cruelty

Important Decision(s)- 

  • Husband wife living separately for 10 years - Marriage wrecked beyond hope - Decree of divorce granted to husband.
  • Wife getting a notice published cautioning the people not to deal with her husband - It was mental cruelty - Divorce granted to husband.







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