Search Results Page
Search Results
1 - 10 of 17 (0.23 seconds)Section 498A in The Indian Penal Code, 1860 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Munish Kakkar vs Nidhi Kakkar on 17 December, 2019
13. Under similar circumstances, this Court in R. Srinivas
Kumar v. R. Shametha3, Munish Kakkar v. Nidhi Kakkar4
and Neha Tyagi v. Lieutenant Colonel Deepak Tyagi5 has
held that an irretrievable marriage is a marriage where
husband and wife have been living separately for a
2 (2013) 5 SCC 226
3 (2019) 9 SCC 409
4 (2020) 14 SCC 657
5 (2022) 3 SCC 86
Page 9 of 17
considerable period and there is absolutely no chance of their
living together again. In all the above cited three cases, this
Court in exercise of its power under Article 142 of the
Constitution of India has dissolved the marriage on the ground
of irretrievable breakdown as a ground, which otherwise does
not exist under the Hindu Marriage Act.
Samar Ghosh vs Jaya Ghosh on 26 March, 2007
17. Cruelty has not been defined under the Act. All the
same, the context where it has been used, which is as a
ground for dissolution of a marriage would show that it has to
7 Section 13 (1) (ia) of the Hindu Marriage Act, 1955
Page 13 of 17
be seen as a ‘human conduct’ and ‘behavior” in a matrimonial
relationship. While dealing in the case of Samar Ghosh
(supra) this Court opined that cruelty can be physical as well
as mental:
“46…If it is physical, it is a question of
fact and degree. If it is mental, the
enquiry must begin as to the nature of
the cruel treatment and then as to the
impact of such treatment on the mind of
the spouse. Whether it caused
reasonable apprehension that it would be
harmful or injurious to live with the
other, ultimately, is a matter of inference
to be drawn by taking into account the
nature of the conduct and its effect on the
complaining spouse.