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M.Illakkiya vs S.Dhanasekaran on 18 August, 2022 cites

Vinita Saxena vs Pankaj Pandit on 21 March, 2006

13. The respondent/husband in his pleading specifically contended that from the inception, the appellant did not co-operate for leading a matrimonial life, apart from the other pleadings of ill-treatment, use of filthy language and threat to commit suicide etc. In support of plea, respondent/husband entered the witness box and deposed as PW.1 and he also with-stood the cross- examination. Though appellant/wife filed a counter denying the averments of the husband, she had not chosen to enter the witness box and lead contra evidence. In the absence of any contra evidence on oath by the appellant/wife especially in a case where there is allegation of ill-treatment, non-cooperation and non-consummation of marriage, the Family Court is justified in drawing 9/20 https://www.mhc.tn.gov.in/judis C.M.A.Nos.1086 and 1087 of 2015 adverse interference against the appellant/wife. The observations of the Hon'ble Apex Court in Vinita Saxena vs. Pankaj Pandit reported in (2006) 3 SCC 778 cited by the learned counsel for the respondent is squarely applicable to the facts of present case. The observations of the Hon'ble Apex Court in this regard are as follows:-
Supreme Court of India Cites 21 - Cited by 193 - A R Lakshmanan - Full Document

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

“20. In the case in hand the foundation of the case of “cruelty” as a matrimonial offence is based on the allegations made by the husband that right from the day one after marriage the wife was not prepared to cooperate with him in having sexual intercourse on account of which the marriage could not be consummated. When the husband offered to have the wife treated medically she refused. As the condition of her health deteriorated she became irritating and unreasonable in her 11/20 https://www.mhc.tn.gov.in/judis C.M.A.Nos.1086 and 1087 of 2015 behaviour towards the husband. She misbehaved with his friends and relations. She even abused him, scolded him and caught hold of his shirt collar in presence of elderly persons like Shri S.K.Jain. This Court in the case of Dr.N.G.Dastane Vs. Mrs.S.Dastane.
Supreme Court of India Cites 16 - Cited by 555 - Full Document
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