incorporates the word 'incestuous' before the word 'adultery' thereby making an aggravated form of adultery alone as a ground for divorce ... incorporates the word 'incestuous' before the word 'adultery' the words "adultery coupled with' occurring before 'such cruelty
incorporates the word 'incestuous' before the word 'adultery' thereby making in aggravated form of adultery alone as a ground for divorce ... incorporates the word 'incestuous' before the word 'adultery' the words 'adultery coupled with' occurring before 'such cruelty
Xxxxx vs State Of Kerala on 24 May, 2023
Author: Kauser Edappagath
Bench: Kauser Edappagath
accused herein is the father
of the survivor, does not bring the incestual sex perpetrated by him upon her
daughter, within the purview of Section ... could not find voice to speak against her uncle. In cases of
incestuous abuse, more often, silence is built into the abuse.
Incident came
decree of divorce, petitioner alleged that respondent is guilty of incestuous adultery. For the decree of nullity of marriage petitioner ad opted two separate grounds ... petition was stoutly resisted and the respondent described the allegation regarding incestuous adultery as a cruel story shamlessly concocted by the petitioner. However, respondent admitted
Section 10 of the Act insofar as it incorporates the word 'incestuous' before the word 'adultery' thereby making an aggravated form
view that in the provisions contained under Section 10 words "incestuous" and "adultery coupled with" will be severed and removed
form of marriage with another woman;
Or has been guilty of incestuous adultery,
Or of bigamy with adultery,
Or of marriage with another woman with
Section 10 of the Act insofar as it incorporates the word 'incestuous' before the word 'adultery' thereby making an aggravated form ... exist in reality. The Full Bench accordingly quashed the words 'incestuous' and 'adultery coupled with' from the provisions of Section
trauma the
child would have suffered. The indelible imprint which the
incestuous act has left in her mind cannot be ignored. She may
feel
