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Suman Kapur vs Sudhir Kapur on 7 November, 2008

The learned counsel for the appellant thereafter by placing reliance on the judgment of the Hon'ble Supreme Court in the case of Suman Kapur Vs. Sudhir Kapur 2008(4) RCR ( Civil ) 837 contended that, termination of pregnancy without the knowledge and consent of husband amounted to mental cruelty, therefore, the appellant was entitled to decree of divorce on this ground. This plea again deserves to be noticed to be rejected, in view of the evidence on record showing that, the appellant had FAO No. M-109 of 1999 17 failed to prove the fact that, the respondent was pregnant or that she had undergone abortion without consent and knowledge of the appellant, as was pleaded in the petition.
Supreme Court of India Cites 13 - Cited by 71 - C K Thakker - Full Document

Jasbir Kaur vs Dr. Harjinder Singh on 14 August, 2007

In support of this contention the learned counsel for the appellant placed reliance on the judgment of this Court in the case of Jasbir Kaur @ Pinky Vs. Dr. Harjinder Singh 2008(2) RCR ( Civil) 895 wherein this Court was pleased to lay down that continuous long separation by wife without reason amounts to cruelty, as it damages health of husband and filing a criminal case against the husband and his family members is an act of cruelty. The judgment relied upon by the learned counsel for the appellant is also of no help to him. In the present case it was proved by evidence that, it was the appellant who had turned the respondent out of the matrimonial home, therefore, cannot be said that wife was living separately without any reason to constitute separation to be an act of cruelty. The conviction of the appellant further leads to a conclusion that the complaint was not false.
Punjab-Haryana High Court Cites 5 - Cited by 3 - Full Document
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