Indian Penal Code, 1860, Section 498A -- Cruelty - Omnibus and sweeping allegations against every relative of husband, without precise attribution of role, do not satisfy threshold required for criminal prosecution...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Actions of husband are not isolated lapses but form a consistent pattern of neglect, indifference and calculated harassment - His willful refusal to maintain wife coupled with blatant disregard for authority of Courts, strikes at the very foundation of matrimonial obligations and squarely..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Deliberate and intentional abandonment by husband both of his matrimonial obligations and of legal proceedings arising therefrom amounts to a forfeiture of his right to contest the matter - Such conduct clearly signifies implied consent to decree of divorce - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife had led clear, consistent and cogent evidence establishing a continuous course of mental cruelty at the hands of husband - Her sworn testimony was not only coherent and trustworthy but stood fully corroborated by undisputed judicial records including multiple proceedings under Cr.P.C..........
Indian Penal Code, 1860, Section 498A, 307, 323, 313, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Attempt to murder - Dowry demand - Complaint is absolutely silent about any specific date or time of torture - No iota of material can be found regarding incident of pouring kerosene oil on her and or banging her head with wall from case diary - Nature of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence on record that husband faced any mental cruelty from wife on account of being bald, having dark complexion and suffering from lameness - Such a ground for obtaining a decree of divorce appears to be arbitrary and concocted - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife has always been ready and willing to live with husband and for resumption of matrimonial relationship she made efforts for restitution of conjugal rights from her side but due to negative response of husband she was not allowed to live with him - Husband denied to keep his wife..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false repeated criminal complaints against husband, his parents and sister, itself would constitute cruelty on husband and his family members - Divorce rightly granted...........
Bharatiya Nyaya Sanhita, 2023, Section 85 -- Cruelty - Cruelty in the context of matrimonial offences, presupposes a degree of proximity, interaction or cohabitation that enables harassment or ill-treatment - In the absence of any shared residence or meaningful interaction, allegation of cruelty by in-laws becomes inherently improbable...........
