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“This dreadful act is sufficient to hold that she has committed mental cruelty with the husband and the Trial Court erred in not appreciating the facts evident on the record and even more so in replacing them with its own perceived notions.”
“Her behaviour, including instigating the daughter against the father, making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrated a pattern of mental harassment and disregard for the matrimonial bond.”
Marriage entails mutual respect and adjustment. Some parties take less time to adjust while the other takes longer time, but it is expected of both the parties to show due respect to each other. The foundation of a sound and healthy marriage is tolerance, adjustment and mutual respect.
Wife’s behaviour of using derogatory terms for husband’s physical disability discloses her thought and respect to her husband.
“Persistent neglect, lack of affection and denial of conjugal rights without valid reasons cause severe mental trauma to the spouse and we find no reason to disbelieve the version of the wife that she was subjected to severe mental trauma.”
“No husband will tolerate that his wife is in undignified or indecent conversation through mobile by way of vulgar chatting.”
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”
“Differences of perception towards life may give rise to different behaviours by individuals. Such a difference of perception and behaviour may be described as cruel by others by observing the behaviour of another. At the same time, such perceptions are neither absolute nor such as may themselves give rise to allegations of cruelty unless observed and proven facts are such as may be recognized in law to be acts of cruelty.”
The wife was appointed as Assistant Manager in LIC Housing Finance Ltd., and at time the respondent was doing nothing, this was the reason why husband compelled the appellant to leave the job and stay with him.
“The marriage between the parties becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties”
To apply Section 3061 of the Penal Code, 1860, it is expected of prosecution to demonstrate that there is live link/active role played by appellant in instigating the suicide.
In Hinduism, the wife is regarded as the “Sahadharmini”, meaning she shares in the spiritual duties and righteousness alongside her husband. This concept underscores the wife’s essential role in fulfilling religious obligations, particularly in the performance of rituals, where her presence is indispensable.
Justice Ritu Bahri who retires on 10-10-2024, made history as upon her elevation on 04-02-2024, she became the first woman Chief Justice of Uttaranchal High Court.
“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. Marriage between the parties has become a fiction, though supported by a legal tie.”
“There was sufficient evidence to prove the ground of cruelty pleaded by the husband for grant of a decree of divorce”
“No wife can live in the matrimonial relationship with the person who is so short-tampered and impulsive turned criminal.”
MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted.
Making derogatory complaints against spouse demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints are made after parties had separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end.
The Family Judge has erred in analyzing the life of the parties by taking a myopic view and by considering each incident as an independent window, when in fact it is the journey of the parties through their matrimonial life, which is determinative of their compatibility, progressiveness, and growth.
A wife’s withdrawal from matrimonial relationship unilaterally without any reason thereby depriving husband of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty.