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F
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e 25 LANDMARK DIVORCE JUDGMENTS ON MENTAL CRUELTIES BY WIFE
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A Adv Rohith Kapoor Posted 27 Dec 2017 Post Comment Visitors: 3577
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Marriages in India are considered as the unification of a girl and a boy for approval of social status in the society. Nowadays
marriages are easily broken either due to the fault of the husband or the wife. Also, there were situations where the wife makes a
false complaint against her husband. In most of such cases, the husband had no remedy because the laws of India are in favor of
women.
Most of false cases are filed for Misuse of Dowry Laws, Domestic Violence Act and ‘Sec: 498-A’ of IPC by wife against husband and
in-laws of husband through lodging false complaints, Desertion of wife who deliberately intending for separation , extra marital affairs,
Wife opting for second marriage without applying for the divorce ,Threatening to leave husband’s home and threat to commit suicide
by the wife. Cruel behaviour of wife, Abusing and accusing husband, Wife refusing to have sex with husband without any sufficient ,
filing FIR against husband and in-laws which has later proved as false report, Conduct and misbehaviour of the wife against
husband, mental disorder or unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife
suffering from the filarial etc.
Here is list of top 25 cases where mental cruelty did by wife
1.SUPREME COURT OF INDIA: Dated 5 January 2007
“Demand for Domestic Expenses is not dowry”
2. DELHI HIGH COURT
“False 498A Being The Basis For A Divorce and False complaint family arrest ground for Divorce “
3. MADHYA PRADESH HIGH COURT: Dated 18 January 1996
“Divorce on filling False 498a and defame”.
4. ALLAHABAD HIGH COURT: Dated 4 February 2003
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“False complaints by Wife eligible for Divorce”.
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e 5. KERALA HIGH COURT: Dated 30 January 1997
e “Filling Many Cases Lead to Divorce”
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d 6. MADRAS HIGH COURT: Dated 15 December, 2006
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“DNA test for paternity and Divorce”.
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c 7.MADHYA PRADESH HIGH COURT: Dated 13 April 2006
e “Divorce on False case, cruelty and desertion”
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8. MUMBAI HIGH COURT: Dated 4 April 2007
“Ex-parte divorce to the husband when acquitted in 498a”.
9. MADHYA PRADESH HIGH COURT: Dated 13 April 2006
“Divorce on False case, cruelty, and desertion”.
10. DELHI HIGH COURT: Dated 13 December 2010
“Marriage between a Hindu and non-Hindu under HMA not valid”.
11.PUNJAB HARYANA HIGH COURT: Dated 4 February 2010
“ 6 Months waiver in divorce”.
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(http://www.pathlegal.in/Supreme-Court-rules-Husband-s-Extra-Marital-Affair-is-not-a--blog-1439372)
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