• Divorce

  • Any marriage may, on a Petition presented by either the husband or the wife, be dissolved by a decree of Divorce Lawyer in India by a Court of competent jurisdiction. The Petition for Divorce can be filed under the following legal provision, depending on under which religion, ways and manner, the marriage was solemnised.

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    Divorce Related Courts& Fora

    [In Hierarchical Order]

    • Supreme Court Of India
    • High Courts Of Various States
    • District & Session Judges [D&SJ]
    • Family Courts
    • Mediators & Concilliators.

    Legislations Governing Divorce 

    Judgments: Divorce

    • A Jayachandra vs. Aneel Kaur (2005) 2 SCC 22- AIR 2005 SC 534- Divorce-HMA- S-13(1)(a)- Held, “….legal cruelty has to be found out, not merely as a matter of fact, but as the effect on the mind of the complainant spouse because of the acts or omissions of the other.”- Further held, the cruelty should be “grave and weighty” and that too of such a nature that “the petitioner spouse cannot be reasonably expected to live with the other spouse”. – Further held, “…It must be something more serious than “ordinary wear and tear of married life” and “..The conduct, taking into consideration the circumstances and background has to be examined to reach the conclusion whether the conduct complained of amounts to cruelty in the matrimonial law.” [Full PDF Judgment]
    • D Vs. P Alias R- MAT.APP.(F.C) 161/2017-DelHC-15.12.2017-- Divorce-HMA- S-13(1)(a)- what should be the contents of a petition filed under the HM Act- Reference made to the Rule 7 of Delhi High Court Rules, 1967, “7. Contents of petition-In addition to the particulars required to be given under Order VII Rule 1 of the Code and Section 20(1) of the Act, all petitions under Section 9 to 13 shall state: (g) The matrimonial offence or offences alleged or other grounds, upon which the relief is sought, setting out with sufficient particularity the time and places of the acts alleged, and other facts relied upon, but not the evidence by which they are intended to be proved, e.g.: … (iv) ……in the case of cruelty, the specific acts of cruelty and the occasion when and the place where such acts were committed.”- Condonation part very material- Reference made to S-23 of the HMA: “23. Decree in proceedings - (1) In any proceeding under this Act, whether defended or not, if the court is satisfied that:- (a) xxx xxx xxx — (b) where the ground of the petition is the ground specified in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and…….” [Full PDF Judgment]
    • Naveen Kohli vs. Neelu Kohli, AIR 2006 SC 1675- Divorce-HMA- S- 13(1)(a) [Full PDF Judgment]
    • Praveen Mehta vs. Inderjit Mehta- AIR 2002 SC 2582- Held, “21. Cruelty for the purpose of Section 13(1)(ia) is to be taken as a behavior by one spouse towards the other which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other. Mental cruelty is a state of mind and feeling with one of the spouses due to the behavior or behavioral pattern by the other. Unlike the case of physical cruelty the mental cruelty is difficult to establish by direct evidence. It is necessarily a matter of inference to be drawn from the facts and circumstances of the case. A feeling of anguish, disappointment and frustration in one spouse caused by the conduct of the other can only be appreciated on assessing the attending facts and circumstances in which the two partners of matrimonial life have been living. The inference has to be drawn from the attending facts and circumstances taken cumulatively. In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behavior is sufficient by itself to cause mental cruelty. The approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental cruelty due to conduct of the other.” [Full PDF Judgment]
    • Samar Ghosh vs. Jaya Ghosh, (2007) 4 SCC 511- Divorce-HMA- S- 13(1)(a) [Full PDF Judgment]
    • Shobha Rani vs. Madhukar Reddi, (1988) 1 SCC 105- Divorce-HMA- S- 13(1)(a)- Held, “the word ‘cruelty' has not been defined”- Observed,  “It has been used in relation to human conduct or human behavior. It is the conduct in relation to or in respect of matrimonial duties and obligations. It is a course of conduct of one which is adversely affecting the other.”- Further held, “cruelty may be mental or physical, intentional or unintentional‟.- Further observed, where cruelty meted out is mental, firstly, an enquiry must begin as to the nature of the cruel treatment and its impact on the mind of the spouse is required to be ascertained on the basis of the behavior of the parties so to decide as to whether it had caused reasonable apprehension that it would be harmful or injurious for the wronged spouse to live with the other.- Further Held, “Ultimately, it is a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse.” [Full PDF Judgment]
    • V. Bhagat vs. D. Bhagat- (1994) 1 SCC 337- Divorce-HMA- S- 13(1)(a)-  Held, “Mental cruelty in Section 13(1)(a) can broadly be defined as that conduct which inflicts upon the other party, such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together.” [Full PDF Judgment]
    • Vinita Saxena vs. Pankaj Pandit, (2006) 3 SCC 778- Divorce-HMA- S- 13(1)(a) [Full PDF Judgment].

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