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1 - 8 of 8 (0.26 seconds)Article 14 in Constitution of India [Constitution]
Article 15 in Constitution of India [Constitution]
V. Bhagat vs D. Bhagat on 19 November, 1993
19. The Supreme Court also laid down the tests
though these cannot be put in straight-jacket, to
determine whether cruelty is made out or not in V. Bhagat
v. D. Bhagat wherein the mental cruelty
was broadly defined as a conduct or mental sufferings as
would make it not possible for the party to live with the
other. These are:-
Mrs. Pragati Varghese And Etc. vs Cyril George Varghese And Etc. on 6 May, 1997
4. Provisions of Section 10 of the Indian Divorce
Act came up for scathing criticism by Bombay High Court in
Mrs. Pragati Varghese v. Cyril George 1997 Bombay 349 and
Kerala High Court in Amini E.J. v. UOI . Both the High Courts took the view that Section 10
of the Indian Divorce Act is ultra vires of Articles 14 &
15 of the Constitution of India. However the Kerala High
Court adopted a safer course. Instead of striking down
the entire provisions of Section 10 of the Act it held
that the offending portions of the provisions are
severable and they are liable to be quashed as ultra vires
whereas the remaining portions of the provisions can
remain as valid provisions allowing dissolution of
marriage on grounds of ad adultery simplicitor and desertion
and cruelty independent of adultery.
S.Hanumantha Rao vs S.Ramani on 31 March, 1999
In a recently decided case S. Hanumantha Rao v.
S. Ramani the Supreme Court held that the
cruelty means that when either party causes mental pain,
agony or suffering of such a magnitude that it severs the
bond between the wife and husband and as a result of which
it becomes impossible for the party who has suffered to
lie with the other party.
Ammini E.J. And Etc. vs Union Of India (Uoi) And Ors. on 24 February, 1995
4. Provisions of Section 10 of the Indian Divorce
Act came up for scathing criticism by Bombay High Court in
Mrs. Pragati Varghese v. Cyril George 1997 Bombay 349 and
Kerala High Court in Amini E.J. v. UOI . Both the High Courts took the view that Section 10
of the Indian Divorce Act is ultra vires of Articles 14 &
15 of the Constitution of India. However the Kerala High
Court adopted a safer course. Instead of striking down
the entire provisions of Section 10 of the Act it held
that the offending portions of the provisions are
severable and they are liable to be quashed as ultra vires
whereas the remaining portions of the provisions can
remain as valid provisions allowing dissolution of
marriage on grounds of ad adultery simplicitor and desertion
and cruelty independent of adultery.
Dr. N.G. Dastane vs Mrs. S. Dastane on 19 March, 1975
18. Even the Supreme Court in Dr. N.G. Dastane v.
Mrs. S. Dastane has unequivocally stated
that cruelty charged must be of such a character as to
cause in mind of the petitioner a reasonable apprehension
that it will be harmful or injurious for the petitioner to
live with the respondent. It was also pointed out that it
was not necessary as is the requirement of English Law
that the cruelty must be of such a character as to cause
danger to life, limb or health or as to give rise to a
reasonable apprehension of such a danger. Harm or injury to
health, reputation, the working character or the like
would be an important consideration in determining whether
the conduct of the respondent amounts to cruelty or not.
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