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T.J. Kavyashree vs D. Suresh on 3 September, 2019 cites

Lachman Utamchand Kiriplani vs Meena Alias Mota on 14 August, 1963

The first requirement flows from the provisions of Section 13(1)(ib) of the H. M. Act, 1955, and the second requirement flows from the Explanation appended at the end of Section 13(1) of the Hindu Marriage Act, 1955. Further, it has been settled by a catena of decisions, starting with the decision of the Hon'ble Supreme Court in Bipinchandra Jaisinghbhai Shah v. Prabhavathi1 and Lachman Utamchand Kirpalani vs. Meena2 that 'Desertion', for the purposes of seeking divorce under the provisions of the H M Act means the intentional permanent forsaking and abandonment of 1 AIR 1957 SC 176 2 AIR 1964 SC 40 20 one spouse by the other without the other's consent and without reasonable cause, and that Desertion need not be by a single act, but could be because of a continuous course of conduct established in the facts and circumstances of each case. The Desertion can also be brought about by the deserter spouse's words and conduct that would compel the other spouse to leave the matrimonial home, and such Desertion would be Constructive Desertion
Supreme Court of India Cites 10 - Cited by 215 - N R Ayyangar - Full Document

Samar Ghosh vs Jaya Ghosh on 26 March, 2007

23. The Hon'ble Supreme Court in Samar Ghosh vs. Jaya Ghosh3, after discussion of the law in the United Kingdom as well as United States of America as regards the expressions 'cruelty'/'legal cruelty' has declared that there cannot be any comprehensive definition of the concept of 'mental cruelty' within which all kinds of cases of mental cruelty can be covered. The Hon'ble Supreme Court has further declared that no Court should even attempt to give a comprehensive definition of mental cruelty emphasizing that Human mind is extremely complex and human behaviour is equally complicated, and human ingenuity has no bound. Therefore, the concept of Cruelty differs from person to person depending upon his upbringing level of sensitivity, educational, family and cultural background, financial position, social status, customs, traditions, religious beliefs, human values and their 3 (2007) 4 SCC 511 26 value system. As such, the prudent and appropriate way to adjudicate the case would be to evaluate it on its peculiar facts and circumstances while taking the aforesaid factors into consideration. While indicating instances that could indicate cruelty, the Hon'ble Supreme Court has, amongst others, held that, ''Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration on one spouse caused by the conduct of other for a long time may lead to mental cruelty'.
Supreme Court of India Cites 21 - Cited by 730 - D Bhandari - Full Document
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