Core of offence under section 498A IPC lies in act of cruelty, not dowry demand: SC

Core of offence under section 498A IPC lies in act of cruelty, not dowry demand: SC

New Delhi: The Supreme Court has said that the core of offence under section 498A of IPC lies in act of cruelty and not demand of dowry and an unlawful demand for dowry is not a prerequisite element to constitute cruelty under the said law. A bench comprising Justice Vikram Nath and Justice Prasanna B … Read more

Not only conversion but also effort to proselytize a spouse to religion of another cruelty: Madras HC

No rules in love and war, Madras HC acquits man of rape after noting victim has 2nd child from him

Chennai: The Madras High Court has held that not only conversion but also effort to proselytize a spouse to the religion of another without their consent is nothing, but absolute violence and grounds of cruelty for grounds of divorce. A bench comprising N Seshasayee (now retired) and Justice L Victoria Gowri held this while hearing … Read more

False prosecution against husband to correct his behaviour cruelty: Bombay HC

False prosecution against husband to correct his behaviour cruelty: Bombay HC

Mumbai: The Bombay High Court, dismissing an appeal of an estranged wife against family court order granting divorce, said that lodging a false complaint against the husband and his family members with the intention to correct the behaviour of the husband would amount to cruelty. The trial court granted a decree of divorce on a … Read more

Sexual inability does not travel beyond home: HC grants relief to husband’s relatives

Sexual inability does not travel beyond home: HC grants relief to husband’s relatives

Mumbai: The Bombay High Court quashed a case against the relatives – maternal uncles and their wives – of a man unable to develop physical relations with his wife, saying the relatives could not have had the knowledge of man’s condition as such condition normally is known to the person himself and this information does … Read more

Keeping child away from mother cruelty: Bombay HC’s no to quash case against in-laws

Keeping child away from mother cruelty: Bombay HC’s no to quash case against in-laws

Aurangabad: The Aurangabad bench of the Bombay High Court, while refusing to quash a First Information Report (FIR) against the in-laws of a woman, held that keeping a child away from her mother amounts to mental harassment amounting to cruelty under the Indian Penal Code (IPC). A bench comprising Justice Vibha Kankanwadi and Justice Rohit … Read more

Allegations that wife was quarrelling not sufficient to prove cruelty: Allahabad HC

Allegations that wife was quarrelling not sufficient to prove cruelty: Allahabad HC

Prayagraj: The Allahabad High Court recently refused to grant a decree of divorce to a man from his wife on the grounds of physical and mental cruelty, saying that the allegations that the wife was quarrelling with him without any reason are not sufficient to form any opinion that the husband is undergoing acute mental … Read more

‘Forcing wife to leave her job cruelty’: MP HC while allowing woman’s divorce plea

‘Forcing wife to leave her job cruelty’: MP HC while allowing woman’s divorce plea

Indore: The Madhya Pradesh High Court, while allowing a woman’s divorce plea, said that forcing the wife to leave her job and live as per his wish and style amounts to cruelty. A division bench comprising Chief Justice Suresh Kumar Kait and Justice Sushrut Arvind Dharmadhikari said this while hearing a plea by a 33-year-old … Read more

Wife calling husband ‘hijda’ an act of mental cruelty: Punjab and Haryana High Court

Identity, autonomy of a woman not defined by her relationships: Punjab & Haryana HC

Chandigarh: The Punjab and Haryana High Court, while upholding the divorce granted to a man by a family court on the ground that his wife called him “hijda” (eunuch), said calling a husband “hijda” is an an act of mental cruelty. The order of the High Court came on a plea filed by the estranged … Read more

‘Sexual incompatibility dispute’: Allahabad HC quashes cruelty case against husband

Prayagraj: The Allahabad High Court recently quashed proceedings against a husband filed by his wife under section 498A (subjecting a wife to cruelty by husband or relative of husband) of the Indian Penal Code (IPC), observing that the dispute is with regard to the sexual incompatibility of the parties for which the case has been … Read more