Close Menu
    What's Hot

    Shocking Details In Raja Raghuwanshi Case Highlights Men Rights Matter

    Sponsor: THIS ARTICLE IS NOT SPONSOREDJune 11, 2025

    Fathers Day 2021 Contest Winner

    June 21, 2021

    Fathers Day 2021 Contest Response

    June 19, 2021
    Facebook X (Twitter) Instagram
    • Men’s Helpline Number
    • Donations !
    Facebook X (Twitter) Instagram
    Sunday, June 15
    vaastav.org
    Call Us : 8882 498 498
    • Home
    • About Us
    • Events
    • Testimonials
    • Gallery
    • Contact Us
    • Blogs
      • Law Misuse & Divorce
      • Events, Press Release and Projects
      • Miscellaneous
      • News
      • Parental & Child Alienation
      • Success Stories & Testimonials
    • Weekly Meetings Across India
    vaastav.org
    • Law Misuse & Divorce
    • Parental & Child Alienation
    • Success Stories & Testimonials
    • Law Misuse & Divorce
    • Events, Press Release and Projects
    • Miscellaneous
    • News
    Home»Judgements»DIVORCE

    DIVORCE

    SC of INDIA

    Transfer Petition in divorce petition is rejected based on no merits by SC of INDIA
    Date:8-Jan-15
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0Lnc3pnbDF2czFYZWM&export=download” title=”Download” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    HC of MUMBAI

    HMA-13 : Refusing to cohabit shows wife’s intention to desert husband: HC
    Date:31-Jul-14
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnQ2dYclVOemFOWEk&export=download” title=”Download” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    HC of MAHARASTRA at MUMBAI

    Refusing to cohabit shows wife’s intention to desert husband
    Date:21/06/2015
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnTWo3NGc0a1RuQzQ&export=download” title=”Download” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

    HMA-13 : False allegation, false 498a ground for Divorce
    Date:7-Feb-14
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnaXdGQ3FRWnF2RFk&export=download” title=”Download” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    HC of MAHARASTRA at MUMBAI

    False allegation, false 498a ground for Divorce
    Date:7-Feb-14
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnTl91M2twM2pwaWs&export=download” title=”Download” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    Punjab & Harayana

    Waived off cooling period
    Description:six months period mentioned in the Section would apply only to fresh petitions. It was waived off when both parties are living seperately since long time and divorce pitition which was filed earlier is converted in MCD under 13-B afterward.
    Date: 4-Feb-10 Mr. Justice Ajay Tewari
    Parmodh Kumar Vs meena
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnM3Y0LXRjQll0ZW8&export=download” title=”1_6 month waived -Parmodh_Kumar_vs_Meena_appl 7432 of 2009 jud 4_February,_2010.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    Bombay

    False 498a by wife -mental cruality on husband , divorce granted.
    Description:Filing 498a and arrest after that is the main circumstance which is relied upon by the learned counsel for the appellant to contend that lodging of false case which resulted in arrest and detention of family members of the appellant is singularly sufficient enough to hold that the respondent is guilty of causing mental cruelty and agony to the appellant and thus pressed for grant of decree of divorce. According to the learned counsel for the appellant arrest and detention of the family members and near relations of the appellant in false case has caused him utmost mental torture. In our view,
    embarrassment, humiliation and suffering that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground.
    Date: 12-Apr-10 A.P.DESHPANDE AND SMT. R.P. SONDURBALDOTA
    Ajay Khedkar Vs Laleeta Khedkar
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnLW5kSHlwT2pNZXM&export=download” title=”2_498a-Mental-Cruelty appeal 66 OF 2006.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    MADRAS

    Good References of Cruelty from SC are given in this judgement.
    Date: 20-Nov-06 JUSTICE R. BALASUBRAMANIAN MR. JUSTICE V. DHANAPALAN
    A. Viswanathan .. Appellant
    Versus
    G. Lakshmi @ Seetha .. Respondent
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnWVNZeEFfdlhHdlk&export=download” title=”7_appeal 1558 of 2000 A._Viswanathan_vs_G._Lakshmi_@_Seetha_on_20_November,_2006.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    Delhi

    Wife has withdrawn hudge amount from joint account @ Rs 54 Lakhs in 5 years. Wife should submit the affidivit for expinditure and hudgewithdrawl and savings
    Description:An analysis of withdrawals made from the 2 accounts from time to time shall be done by the learned Matrimonial Judge and thereafter the application under Section 24 of the Hindu Marriage Act filed by the wife would be re-decided. Needless to state, principles culled out by me in para 10 above would be kept in view by the learned Matrimonial Judge while re-deciding the application. Judge has directed that at the remanded proceedings, learned Matrimonial Judge would call upon the wife to file a detailed affidavit disclosing investments made by her as also render a true account of all withdrawals effected by the wife from the year 2001 till date. Further, the wife would be called upon to explain details
    of the monthly household expenditure as also expenses incurred on the education and
    medical treatment of the 2 daughters. Further, thewife would be called upon to explain withdrawals made in sum of Rs.41,78,000/- from 24.3.2003 to 28.1.2004. Further, in respect of withdrawals made prior and subsequent thereto, the wife would be called upon to explain that if she could maintain herself and the 2 daughters in approximately Rs.20,000/- per month preceding and succeeding the period 24.3.2003 to 28.1.2004, where has she spent the money withdrawn between 24.3.2003 to 28.1.2004.
    Date: 17-Apr-07 PRADEEP NANDRAJOG, J
    Alok Kumar Jain ……. Petitioner VERSUS
    Purnima Jain
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnVDBYR1RtR0VRemM&export=download” title=”8_appl 367 of 2007 Alok Kumar Jain Vs. Purnima Jain.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    Bombay

    Defination & explaination on cruality, Various case laws for cruality are referred in this judgement, Wife fail to prove 498a alligation amounts to cruality, dirvoce granted.
    Description:Considering the evidence on record, the Matrimonial Court will have to decide whether the prosecution which
    resulted into acquittal will amount to an act of cruelty. In a given case, depending upon the evidence on record, even if the acquittal is on the ground that the charge could not be substantiated and even if there is no finding recorded by the Criminal Court that the prosecution case was false, there can be a case of cruelty. It depends on the manner in which the complaint is filed and prosecuted. filing false case/ not proving the alligation amounts to cruality on husband. Divorce decree granted ho husband.
    Date: 7-Feb-14 A.S. OKA & S.C. GUPTE, JJ
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnUWV3a1hIVkxHUm8&export=download” title=”22_Bombay_high_court_Defamatory_claims.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    PUNJAB AND HARYANA

    Wife can not prove 498a, amounts to cruelty, Decree granted
    Description:The Hon’ble Division Bench of this Court in Dharam Pal Vs. Smt. Pushpa Devi, AIR 2006 Punjab and Haryana 59 has been pleased to hold, that when wife makes a complaint and the allegations levelled by wife are found to
    be false then the wife would be guilty of false prosecution against the husband, which amounts to cruelty. It is well settled law, that filing of false criminal case against the spouse is an act of cruelty, on the basis of which
    the spouse suffering, is entitled to decree of divorce. It is also not in dispute and proved on record, that the respondent−wife is
    Date: 27-Aug-09 HON’BLE MR. JUSTICE VINOD K. SHARMA
    Rishi Pal ….Appellant
    versus
    Luxmi Devi and another ….Respondents
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LncXJmTlhGLUxvVDg&export=download” title=”23_False Cri case 498a 125crpc_Crulty husband gets Divorce.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    Calcutta

    Wife can’t enter into Husband’s House forcefully: HC
    Description:we, in this
    matrimonial proceeding for divorce, cannot approve the action of the wife of forcefully entering
    the house of the husband when a suit for divorce had already been filed against her on the
    ground of cruelty. She had her rented accommodation where she was staying and had also the
    paternal house at Dum Dum. She is an employee of the Central Government and is not a
    helpless lady in that sense of the term and not even dependant upon the husband in anyway.
    In our view, once a matrimonial suit has been filed, the wife has no right to have a force entry in
    the house of her husband against his will if she is provided with maintenance by the husband.
    Date: 13-Nov-09 Mr. Justice Bhaskar Bhattacharya & Mr. Justice Rudrendra Nath Banerjee
    Sri Subhash Chandra Das Chowdhury
    Versus
    Smt. Sandhya Das Chowdhury
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LneUFIcTZGMGRlQTA&export=download” title=”25_wife-cant-enter-into-husbands-house-forcefully-appeal 96 of 2000 Subhash Chandra vs sandhya.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    BOMBAY

    Locking out spouse from home is desertion:, Petty quarrels and troubles, caused by differences in the temperament of the parties cannot be cruelty
    Description:Definition of Desertion-If one spouse by his or her words compels the other side to leave the matrimonial
    home or stay away therefrom, without reasonable cause, the former would be guilty of
    desertion, though it is the latter who is seemingly separated from the other The ejection of the other spouse from the home with the intention not to cohabit equally constitutes desertion. This
    is the principle of ‘Constructive Desertion.’
    Date: DECEMBER 02, 2009. | S. A. BOBDE & S. J. KATHAWALLA, JJ.
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnbG5SYW5pekZ1Z0k&export=download” title=”46_locking-out-spouse-from-home-is-desertion-appeal 204 OF 2007.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    Delhi

    Delhi HC On A False 498A Being The Basis For A Divorce
    Description:In that case it was found on facts that wife made a false complaint to the police, which reflected adversely on the husband’s reputation in the society. Marriage of the parties had broken down. The apex court, therefore, allowed the appeal and granted divorce. In the present case, the situation is still worse. Not only the wife made a false complain and got the husband and other in-laws arrested, she also took money and then resiled from the agreement. Admittedly, the husband and wife are living separately since September
    1993. Learned Additional District Judge took note of this conduct of the appellant and held that it clearly amounts to an act of cruelty.
    Date: 31-Jan-05 HON’BLE MR.JUSTICE O.P.DWIVEDI
    Smt. Pinki Jain … Appellant. Through: Mr. Gopal Narain Aggarwal, Advocate Vs. Sh. Sanjay Jain … Respondent. Through:Mr.Narinder Kaushik, Advocate
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnT1VIbC0tay1VYXc&export=download” title=”48_Delhi_Delhi HC On A False 498A Being The Basis For A Divorce_Smt. Pinki Jain … Appellant. Vs. Sh. Sanjay Jain … Respondent.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    BOMBAY

    Filing 498a on Husband and acquittal of husband amounts to cruelty, divorce granted
    Description:We may mention that there were certain proceedings under Section 498- A of the Indian Penal Code initiated by the wife which were prosecuted by her and which
    Date: 4 th April, 2007 | CORAM : J.N. PATEL & SMT.ROSHAN DALVI, JJ.
    Sou. Medha Gaurav Talekar .. .. Appellant
    Versus
    Shri Gaurav Kaluram Talekar .. ..Respondent
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnU3RfMC1WUmlsdjQ&export=download” title=”49_bombay_filing 498 on husband cruelty.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    BOMBAY

    filing of a false complaint would amount to cruelty.
    Description:The respondent has not shown any cause for leaving the matrimonial house on 24th December, 1993 as well as for not returning to reside with the appellant and the allegations regarding ill-treatment during the period she had stayed with the appellant as well as the alleged ground for leaving the matrimonial house from 24th December, 1993 have not been proved by the respondent. Indeed, the order of acquittal of the appellant though has been delivered subsequent to the decision by the trial Court, the same cannot be ignored, as already held above, as the same obviously relevant while dealing with the allegation of cruelty and defence sought to be raised in that regard by the respondent.
    Date: 20TH JUNE, 2005 | R.M.S.KHANDEPARKAR & ANOOP V. MOHTA, JJ.
    “Monindarpalsinha N. Kochar, )
    age 50 years, Occupation – Service, )
    R/o.4/15, Anand Housing Society, )
    Shankar Seth Road, Pune 37. ).. Appellant
    Versus
    Jyotindar Kaur Mohindarpal N.Kochar, )
    age 42, Occ: Business, )
    R/o.Kalyan Sing Sahani, )
    RB 11/1 Salunkhe Vihar, )
    Kondhwa, Pune 38. ).. Respondent
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnR2l0T1dlWFV6dGM&export=download” title=”50_bombay_filing 498a on husban.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    BOMBAY

    Filing false 498a is cruelty, divorce granted, If wife canot prove 498a/or it was dismissed by court then its interference that filed complaint is false.
    Description:The learned counsel appearing on behalf of the Appellant, inter alia, submitted that this Court has
    consistently held that in the event a criminal complaint is filed by the wife for the offence punishable under section 498A and the said complaint has been dismissed, then in that event, an inference can be drawn by the Court that the said complaint is a false complaint and that the fact itself of filing a false complaint constitutes cruelty within the meaning of section 13(i) (a) of the Hindu Marriage Act,1956. In support of the said submission, the learned counsel for the Appellant has relied on the judgment of this Court in Family Court Appeal No. 158 of 2008 dated 6th May, 2010 decided by the Division Bench of this Court [Coram: A.P. Deshpande & Smt. R.P. Sondurbaldota, J.J.] In our view, filing of a false criminal complaint itself amounts to cruelty within the meaning of section 13(i) (a) of the Hindu Marriage Act. A similar view was taken by the Division Bench of this Court in Family Court Appeal No. 158 of 2008. The Division Bench had taken into consideration the judgment and order passed by the Trial Court of acquitting the Appellant therein for the offence punishable under section 498A r/w. 34 of the Indian Penal Code and also the deposition of the Appellant in the Trial Court. Taking our over all view, the impugned judgment and order passed by the Family Court will have to be quashed and set aside and the appeal filed by the Appellant will have to be allowed.
    Date: 16th August, 2012 | V.M. KANADE & P.D. KODE, JJ.
    Nitin Ramesh Dhiwar )
    Adult, Occupation Service, )
    R/o. SHBA, Monika Housing Society, )
    D-Building, Flat No. F-9, Near )
    Pimple Kale Road, Pimpri, Pune-411 017 )…Appellant
    (Org. Petitioner)
    Versus
    Sou. Roopali Nitin Dhiwar )
    Adult, Occ: Service, R/o. Ratnakar )
    Ghorpade, Near Ravi Complex, )
    Pimpri, Pune- 411 017 )..Respondent
    (Org. Respondent)
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0Lnc0p4bWlqRm5ULXM&export=download” title=”51_bombay_filing false 498a or complaint is cruelty.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    BOMBAY

    Divorce Granted as wife deserted and cruelty proved
    Description:As a counter move to the said petition, wife filed police complaint against the husband and his family members at Pune (Ramoshi Gate) Police Station and the husband and his family members were required to go to the police station at least thee times and due to the harassment caused to them and likelihood of
    harassment they also applied for anticipatory bail which was granted to the husband and his family members by the court.Such an act on her part of staying at Pune alongwith her newly born son does amount to both cruelty as well as desertion and no fault can be found in the impugned judgment and order granting divorce on the ground of cruelty and desertion.
    Date: 4-Feb-05 | R.S. Mohite, J. Mrs.
    Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar
    [google-drive-embed url=”https://docs.google.com/uc?id=0B5hJQiEAA0LnSV9fNzIxUWFuWWc&export=download” title=”52_Bombay_Mrs. Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar.pdf” icon=”https://ssl.gstatic.com/docs/doclist/images/icon_12_pdf_list.png” style=”download”]

     

    Economy News

    Shocking Details In Raja Raghuwanshi Case Highlights Men Rights Matter

    Sponsor: THIS ARTICLE IS NOT SPONSOREDJune 11, 2025

    The tragic murder of Raja Raghuvanshi, a young man from Indore, during his honeymoon in…

    Fathers Day 2021 Contest Winner

    June 21, 2021

    Fathers Day 2021 Contest Response

    June 19, 2021
    Top Trending

    Shocking Details In Raja Raghuwanshi Case Highlights Men Rights Matter

    Sponsor: THIS ARTICLE IS NOT SPONSOREDJune 11, 2025

    The tragic murder of Raja Raghuvanshi, a young man from Indore, during…

    Fathers Day 2021 Contest Winner

    By Gender EqualityJune 21, 2021

    Category Name Place Drawing, Painting, Cartoon Miss Reeyan Sunil Naik Palghar, Maharashtra…

    Fathers Day 2021 Contest Response

    By Gender EqualityJune 19, 2021
    Facebook X (Twitter) Instagram YouTube

    Quick Links

    • About Us
    • Events
    • Testimonials
    • Gallery
    • Contact Us
    • Donations
    • Privacy Policy

    Categories

    Menu
    • Law Misuse & Divorce
    • Parental & Child Alienation
    • Success Stories & Testimonials
    • Law Misuse & Divorce
    • Events, Press Release and Projects
    • Miscellaneous
    • News

    Connect With Us

    • Twitter Feeds
    • Instagram
    • Facebook Feed
    • Careers

    Subscribe to Updates

    Get the latest creative news from FooBar about art, design and business.

    © 2025 Vaastav Foundation. All Rights Reserved.

    Type above and press Enter to search. Press Esc to cancel.

    Ad Blocker Enabled!
    Ad Blocker Enabled!
    Our website is made possible by displaying online advertisements to our visitors. Please support us by disabling your Ad Blocker.