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Samar Ghosh vs Jaya Ghosh on 26 March, 2007

"12.Undoubtedly, not allowing a spouse for a long time to have sexual intercourse by his or her partner, without sufficient reason, itself amounts to mental cruelty to 21/26 https://www.mhc.tn.gov.in/judis CMA.Nos.2463 and 2464 of 2016 such spouse. A Bench of three Judges of this Court in Samar Ghosh v. Jaya Ghosh [Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511] has enumerated some of the illustrations of mental cruelty. Para 101 of the said case is being reproduced below: (SCC pp. 546-47) “101. No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of ‘mental cruelty’. The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive:
Supreme Court of India Cites 21 - Cited by 730 - D Bhandari - Full Document

Chetan Dass Appellant vs Kamla Devi Respondent on 17 April, 2001

In the decision cited by the learned counsel appearing for the respondent in Chetan Dass Vs. Kamala Devi (supra), the husband was found to be living in adulterous life and he sought for dissolution of marriage on the ground of desertion. In such fact situation, the Hon'ble Apex Court has held that where a party seeking divorce is found in the course of judicial proceedings to have committed matrimonial offences (adultery), and he failed to establish the allegations, a decree of divorce on the ground of irretrievable breakdown of marriage cannot be granted. It is further held that erring party cannot be permitted to break the marital bond by taking advantage of his own wrong. So, the decision has no relevance to the facts of this case and it wont advance the case of the respondent.
Supreme Court of India Cites 11 - Cited by 125 - B Kumar - Full Document
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