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1 - 10 of 11 (0.22 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Section 107 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 151 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 12 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Naveen Kohli vs Neelu Kohli on 21 March, 2006
In one
of the momentous decisions, the Apex Court in the case of Naveen Kohli
v. Neelu Kohli (2006) 4 SCC 558 has held that once the parties have
separated and the separation has continued for a sufficient length of time
and one of them has presented a petition for divorce, it can well be
presumed that the marriage has broken down. The court, no doubt, should
seriously make an endeavour to reconcile the parties; yet, if it is found that
the breakdown is irreparable, then divorce should not be withheld. The
consequences of preservation in law of the unworkable marriage which
has long ceased to be effective are bound to be a source of greater misery
for the parties.
Samar Ghosh vs Jaya Ghosh on 26 March, 2007
In Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511, the Supreme
Court held as under:
The Hindu Marriage Act, 1955
V. Bhagat vs D. Bhagat on 19 November, 1993
17. The divorce has been sought on the ground of cruelty. While
"physical cruelty" is visible and easy to comprehend and determine, the
more challenging aspect is "mental agony" which has been recognized as
part of "cruelty" which once established, is a valid ground of divorce. The
contours of "mental cruelty" were defined in case of V. Bhagat v. D.
Bhagat (1994) 1 SCC 337, wherein the Hon‟ble Supreme Court held that
mental cruelty in Section 13(1)(ia) of the Act, 1956 can broadly be
defined as that conduct which inflicts upon the other party such mental
pain and suffering as would make it not possible for that party to live with
the other. In other words, mental cruelty must be of such a nature that the
parties cannot reasonably be expected to live together. The situation must
be such that the wronged party cannot reasonably be asked to put-up with
such conduct and continue to live with the other party. It is not necessary
to prove that the mental cruelty is such as to cause injury to the health of
the party.What is cruelty in one case may not amount to cruelty in another
case. It is a matter to be determined in each case having regard to the facts
and circumstances of that case.