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1 - 10 of 11 (0.23 seconds)Section 498A in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
K. Srinivas vs K. Sunita on 19 November, 2014
In K. Srinivas vs. K. Sunita1, the Supreme Court was considering the
appellant/husband's case for dissolution of marriage to the respondent by
decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
The cruelty as alleged was on the account of filing of a criminal complaint by
the respondent-wife against the appellant and several members of his family
under Sections 498-A and 307 of the Indian Penal Code. In this context, the
Court observed that such cruelty in the wake of filing of a false criminal case by
1
(2014) 16 SCC 34
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3 January, 2025
K. Srinivas Rao vs D.A. Deepa on 22 February, 2013
10.FCA155 _2018.DOC
either of the spouses has been agitated frequently before Courts and has been
discussed in several decisions. Referring to the principles of law in this regard
in K. Srinivas Rao vs. D.A. Deepa2, which refers to several decisions on the
subject, the Court observed that it is now beyond cavil that if a false criminal
complaint is preferred by either spouse it would invariably and indubitably
constitute matrimonial cruelty, such as would entitle the other spouse to claim
a divorce. The Court observed that in the said case, the wife intentionally had
filed a false complaint, calculated to embarrass and incarcerate the appellant
and the members of his family and that such conduct unquestionably
constitutes cruelty as postulated in Section 13(1)(i-a) of the Hindu Marriage
Act. The Supreme Court set aside the order of the High Court and allowed the
marriage petition filed by the husband by accepting his case of cruelty meted
out to him by the respondent-wife being proved by such conduct of the wife
and hence annulled the marriage under the provisions of Section 13(1)(i-a) of
the Hindu Marriage Act.
Mr. Rani Narasimha Sastry vs Rani Suneela Rani on 19 November, 2019
In Rani Narasimha Sastry vs. Rani Suneela Rani 3, the facts of the case
before the Supreme Court were similar to the case in hand. In the said case,
the prosecution was launched by the respondent against the appellant under
2
(2013) 5 SCC 226
3
(2020) 18 SCC 247
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3 January, 2025
Dr. N.G. Dastane vs Mrs. S. Dastane on 19 March, 1975
In such context, the Court
referring to the decision in N.G. Dastane vs. S. Dastane5 observed that the said
decision laid down the principle, that cruelty is not confined to physical
violence but also encompasses actions that inflict actions that inflict mental
pain and suffering that creates a reasonable apprehension of harm or injury to
the aggrieved spouse from the conduct of the other spouse so as to make it
impossible for them to stay together. The Court observed that in the case in
hand, the appellant's conduct, including the initiation of frivolous legal
proceedings, fell squarely within the definition of mental cruelty.
Samar Ghosh vs Jaya Ghosh on 26 March, 2007
The
Supreme Court referring to the decision in Samar Ghosh vs. Jaya Ghosh6 held
that wherein it was recognized that actions causing sustained emotional
torment and loss of trust in the martial relationship constitutes cruelty, as such
actions of the spouse make the cohabitation impossible.
V. Bhagat vs D. Bhagat on 19 November, 1993
Also, referring to the
decision in V. Bhagat vs. D. Bhagat7, the Court observed that sustained and
5
(1975) 2 SCC 326
6
(2007) 4 SCC 511
7
(1994) 1 SCC 337
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