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Sachin Mahale, vs Supriya Mahale, on 7 June, 2024 cites

Samar Ghosh vs Jaya Ghosh on 26 March, 2007

In Samar Ghosh's case (supra1), the Hon'ble Apex Court drawing insights from English, American, Canadian, and Australian cases, has established that no universal standard can be universally prescribed to guide judgments on mental cruelty. However, the Court has outlined specific instances, illustrative but not exhaustive, that constitute mental cruelty. It emphasizes that the entirety of married life should be assessed, 1 (2007) 4 SCC 511 2 AIR 2006 SC 1675 21 KL,J&PSS,J fca_361&406_2012 and isolated instances over a span of years would not qualify as cruelty.
Supreme Court of India Cites 21 - Cited by 730 - D Bhandari - Full Document

Bipin Chander Jaisinghbhai Shah vs Prabhawati on 19 October, 1956

33. It is further held that for the offence of desertion, so far as the deserting spouse is concerned, two essential 4 1957AIR 176 26 KL,J&PSS,J fca_361&406_2012 conditions must be there, namely (1) factum of separation , and (2) the intention to bring cohabitation permanently to an end (animus deserendi meaning intention of deserting, i.e., bringing cohabitation permanently to an end). Similarly, two elements are essential so far the deserted spouse is concerned: (1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form the necessary intention aforesaid. Paragraph 19 of the said judgment is relevant and the same is extracted as under:
Supreme Court of India Cites 4 - Cited by 62 - B P Sinha - Full Document
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