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Capt. T.W. King vs Mrs. F.E. King And Anr. on 13 March, 1945

"Mere conduct which causes injury to health is not enough. If he marries a wife whose character developes in such a way as to make it impossible for him to live happily with her, I do not think that he establishes cruelty merely because he finds that life with her is impossible. He must prove that she has committed wilful and unjustifiable acts inflicting pain and misery upon her and causing injury to his health." (Para 17) In King v. King, 1962 (2) All ER 584 (HL), (supra), it is observed that:
Allahabad High Court Cites 7 - Cited by 25 - Full Document

Shakuntla Kumari vs Om Prakash Ghai on 6 October, 1980

"In the present case we find that at no time has there been normal married life between the parties. The appellant has never accepted the situation of remaining married but without having normal sexual relations. She has throughout put up with this mentaltorture, hoping that things might improve but finding that things remain the same and a time had reached when she could not put up with it any longer without danger to her health both physical and mental. It appears to us that the appellant has tried over a number of years genuinely though under very difficult circumstances to make the success of marriage but as the sexual weakness of the respondent has persisted it has obviously caused great strain and frustration to her. We have already found that sexual weakness of the husband has persisted all these years. Once that finding is given to insist on both the parties living together would be nothing but sheer misery endangering the physical and mental health of the appellant." (Para 36) In another case reported as Smt. Shakuntala Kumari v. Om Prakash Ghal, AIR 1981 Delhi 53, this Court held as follows:
Delhi High Court Cites 9 - Cited by 24 - Full Document

Shobha Rani vs Madhukar Reddi on 12 November, 1987

"It is impossible to give a comprehensive definition of cruelty, but when reprehensible conduct or departure from normal standards of conjugal kindness causes injury to health or an apprehension of it, it is, I think, cruelty if a reasonable person, after taking due account of the temperament and ail the other particular circumstances would consider that the conduct complained of is such that this spouse should not be called on to endure it." (Para 40) Justice K. Jagannatha Shetty of the Supreme Court, as he (hen was, while speaking for the Division Bench, itt Shabha Rani v. Madhukar Reddi, , observed as under:
Supreme Court of India Cites 8 - Cited by 320 - K J Shetty - Full Document

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

22. What is desertion, Raydon on Divorce has explained desertion that mere physical act of departure by one spouse does not necessarily make that spouse the deserting party, in the case of Lachman Uttam Chand Kirpalani v. Meena, , the Supreme Court held that desertion means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause. In other words to establish desertion, there shall be a total repudiation of the obligation of marriage or an abandonment of the deserted spouse with an intention to bring the cohabitation permanently to an end.
Supreme Court of India Cites 10 - Cited by 215 - N R Ayyangar - Full Document
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