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Samar Ghosh vs Jaya Ghosh on 26 March, 2007

17. That apart, we find that the appellant and the respondent have been living separately since 2009 and there is a long period of continuous separation. From the facts narrated above we are convinced that the matrimonial bond is beyond repair. The Hon'ble Apex Court in Samar Gosh Vs Jaya Gosh reported in (2007) 4 SCC 511 had held that the court may consider long period of continuous separation for grant of divorce.
Supreme Court of India Cites 21 - Cited by 730 - D Bhandari - Full Document

Savitri Pandey vs Prem Chandra Pandey on 8 January, 2002

The learned counsel also relied upon Judgment of Savitri Pandey v. Prem Chandra Pandey reported in (2002) 2 SCC 73 to submit that mere separate living will not amount to desertion. Both these Judgments are not applicable to the facts of the present case. It is a definite case of the appellant/husband, that in an already strained case of relationship, the conduct of the respondent/wife, leaving for Canada constituted mental by cruelty.
Supreme Court of India Cites 14 - Cited by 291 - R P Sethi - Full Document

Neelam Kumar vs Dayarani on 6 July, 2010

c) Neelam Kumar v. Dayarani reported in(2010) 13 SCC 298 "9. The High Court then took up the other allegation that the respondent did not come to attend and take care of the appellant when he was undergoing medical treatment in a hospital for the injuries caused in an accident. The High Court found that this allegation was not part of the appellant's pleadings and the matter was introduced in the course of evidence. The Court observed that not being stated in the pleadings, the allegation could not be taken into consideration. Even otherwise, apart from the oral statement made before the trial court, there was no material to support the allegation. The appellant did not examine any doctor or produce the medical records in connection with his treatment. In any event, one single instance, in isolation, was hardly sufficient for the 12/27 https://www.mhc.tn.gov.in/judis C.M.A.No.2028 of 2016 dissolution of marriage on the ground that the respondent treated the appellant with cruelty."
Supreme Court of India Cites 6 - Cited by 51 - A Alam - Full Document

Shobha Rani vs Madhukar Reddi on 12 November, 1987

However, there may be a case where the conduct complained of itself is bad enough and per se unlawful or illegal. Then the impact or injurious effect on the other spouse need not be enquired into or considered. In such cases, the cruelty will be established if the conduct itself is proved or admitted. (See Shobha Rani v. Madhukar Reddi [(1988) 1 SCC 105: 1988 SCC (Cri) 60:
Supreme Court of India Cites 8 - Cited by 320 - K J Shetty - Full Document
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