Search Results Page

Search Results

1 - 9 of 9 (0.28 seconds)
Shweta Singh vs Pranav Kumar Singh on 12 September, 2024 cites

Dr. N.G. Dastane vs Mrs. S. Dastane on 19 March, 1975

In light of ground of cruelty, it is necessary to get the interpretation of Hon'ble Supreme Court in the case of Dr. N.G. Dastane vs. Mrs. S. Dastane reported in AIR 1975 SC 1534. The word "Cruelty" has been interpreted that what act constitutes cruelty, which is a ground of dissolution of marriage may be defined as willful and unjustified conduct of such a character as to cause danger to life, limb or health badly or mental or as to give rise to reasonable apprehension such a danger. Under statutory provision of Hindu Marriage Act under Section 10(1)(b) of the Act what constitute cruelty must depend upon the term of this statue, which provides:
Supreme Court of India Cites 16 - Cited by 555 - Full Document

V. Bhagat vs D. Bhagat on 19 November, 1993

In the case of V. Bhagat vs D. Bhagat reported in 1994 AIR 710 the concept of cruelty has been examined through referring the case of Shobha Rani v. Madhukar Reddi reported in (1988) 1 SCC 105. The word "Cruelty" has not been defined in the Hindu Marriage Act, it has been used in Section 13(1)(i-a) of the Act in the context of human conduct or behaviour in relation to or in respect of matrimonial duties or obligations. It is a course of conduct of one which is adversely affecting the other. The cruelty may be mental or physical, intentional or unintentional. If it is physical, it is a question of fact and degree. If it is mental, the enquiry must begin as to the nature of the cruel treatment and then as to the impact of such treatment on the mind of the spouse. Whether it caused reasonable apprehension that it would be harmful or injurious to live with the other, ultimately, is a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse.
Supreme Court of India Cites 7 - Cited by 298 - B P Reddy - Full Document

Shobha Rani vs Madhukar Reddi on 12 November, 1987

In the case of V. Bhagat vs D. Bhagat reported in 1994 AIR 710 the concept of cruelty has been examined through referring the case of Shobha Rani v. Madhukar Reddi reported in (1988) 1 SCC 105. The word "Cruelty" has not been defined in the Hindu Marriage Act, it has been used in Section 13(1)(i-a) of the Act in the context of human conduct or behaviour in relation to or in respect of matrimonial duties or obligations. It is a course of conduct of one which is adversely affecting the other. The cruelty may be mental or physical, intentional or unintentional. If it is physical, it is a question of fact and degree. If it is mental, the enquiry must begin as to the nature of the cruel treatment and then as to the impact of such treatment on the mind of the spouse. Whether it caused reasonable apprehension that it would be harmful or injurious to live with the other, ultimately, is a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse.
Supreme Court of India Cites 8 - Cited by 320 - K J Shetty - Full Document

Samar Ghosh vs Jaya Ghosh on 26 March, 2007

a) of the Hindu Marriage Act. An important guideline in the above decision is on the approach of a Court in determining cruelty. What has to be examined here is the entire matrimonial relationship, as cruelty may not be in a violent act or acts but in a given case has to be gathered from injurious reproaches, complaints, accusations, taunts etc. The Hon'ble Supreme Court at para 41 of the said judgment relied on the definition of cruelty in matrimonial relationships in Halsbury's Laws of England which is reproduced here:-
Supreme Court of India Cites 21 - Cited by 730 - D Bhandari - Full Document
1