Now if only such judgments could be applied like a thumb rule, almost 60-70% of men calling MRAs for help will be able to get divorce! Update Jul 17, 2015: A reader has sent the text of full judgment which is given later Wife’s demand for separate house without cause amounts to cruelty: Bombay High Court Wife’s demand for a separate residence amounts to cruelty when there’s no justifiable cause for seeking the same, said the Bombay high court while granting a divorce to a man whose wife deserted him within three months of marriage. A division bench of justices …[Continue Reading]
Dowry, Stridhan, Cruelty under 498a, marriage expenses, and more
I haven’t taken any dowry Before people say “I haven’t taken any dowry”, shouldn’t it be clear to know about the keyword dowry. Basically, dowry harassment is the phrase used when women and her in-laws want to do one or more of following: Keep husband under thumb, make him leave his parents (after marriage, of course before marriage nothing of that sort will be said), make him ghar jamai etc. So this can be teach the husband to be a pet, or teach the husband a lesson so he compromises the 498a and takes wife back promising to be loyal …[Continue Reading]
No proof of cruelty leads to no maintenance
In this Bombay High court bench’s judgment, the principle adopted is that though strict proof of cruelty is not required in maintenance under CrPC 125, nevertheless the statements made by wife need to have some supporting evidence at least. Read the bold sentences in the end of judgment. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.226 OF 2002 Sanjay Sudhakar Bhosale, Age : 35 years, Occu.Service, R/o. Mental Hospital Servant Quarters, Yeroda,Pune District Pune – 6 …Petitioner Versus Khristina w/o Sanjay Bhosale …Respondent ….. Mr.Gopal D.Kale, Advocate for the petitioner Mr.N.K.Choudhari, Advocate …[Continue Reading]
SC Judgment: Proving cruelty must for conviction under IPC 304-B
http://www.deccanherald.com/content/70500/sc-prove-cruelty-dowry-death.html New Delhi,May 19, pti: The Supreme Court has held that husband or other family members can be convicted for dowry death only if it is proved that the wife was subjected to cruelty or harassment in pursuit of the demand and not on mere presumption. The apex court said Section 304-B (dowry death) can be invoked against the accused only if there is material evidence to support the allegation and not on mere presumption that the victim died within seven years of marriage. Under Section 304-B read with Section 113-B of the Indian Evidence Act, a husband and his …[Continue Reading]
Attraction to brother-in-law is cruelty and ground for divorce
http://www.dnaindia.com/mumbai/report_attraction-to-brother-in-law-is-cruelty-bombay-high-court_1380780 Mumbai: Not allowing the husband to consummate the marriage and showing “improper interest” towards the brother-in-law amounts to cruelty and is a legitimate ground for divorce, stated a ruling passed by the Bombay high court this week The high court dissolved the seven-year-old marriage of a Pune-based businessman by granting him a decree of divorce. The couple, who had tied the knot in November, 2002, had stayed together for only six months. The husband, in his appeal, had stated that during their honeymoon in Goa, his wife had revealed to him that she was in love with someone else …[Continue Reading]
Husband gets divorce due to cruelty due to false allegations by wife
The relevant portions are made bold in Mumbai High court judgment below: http://bombayhighcourt.nic.in/data/judgements/2010/CFCA1278205.pdf //// 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.68 OF 2005 Smt Nita alias Nathi Hitendrakumar Sakariya, aged 24 years, Occ: Household, Hindu Indian Inhabitant of Rajasthan, residing at C/o Kantilal Dhar-Parmar Sumerpur Main Bazar, Near M.P.Traders, Dist.Pali, Rajasthan-306902. .. Appellant Vs Shri Hitendrakumar Kaluram Sakariya, aged about 26 years, Occupation Business, Hindu, Indian Inhabitant of Mumbai, residing at 84, Militia Apartment, Block No.4, 1st floor, Mhatar-Pakhadi Road,Mazgaon, Mumbai-400010. .. Respondent Mr Vishal Thakkar i/b M/s Kiran Jain & …[Continue Reading]
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