Search Results Page
Search Results
1 - 8 of 8 (0.28 seconds)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.
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 13 in The Hindu Marriage Act, 1955 [Entire Act]
Section 26 in The Hindu Marriage Act, 1955 [Entire Act]
The Code of Criminal Procedure, 1973
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.
Smt. Santosh Devi vs Prem Chand Saini on 12 February, 2007
In support of this
contention he placed reliance on the judgment of the Hon'ble Rajasthan
High Court in the case of Smt. Santosh Devi Vs. Prem chand Saini 2008
(2) RCR ( Civil) 713, wherein the Hon'ble Rajasthan High Court was
pleased to lay down as under :-
1