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1 - 10 of 32 (0.32 seconds)The Hindu Marriage Act, 1955
The Indian Penal Code, 1860
Section 4 in The Dowry Prohibition Act, 1961 [Entire Act]
Section 3 in The Dowry Prohibition Act, 1961 [Entire Act]
Section 3 in The Probation of Offenders Act, 1958 [Entire Act]
Section 6 in The Dowry Prohibition Act, 1961 [Entire Act]
Lachman Utamchand Kiriplani vs Meena Alias Mota on 14 August, 1963
Following the decision in Bipin Chander case this
Court again reiterated the legal position in Lachman
Utamchand Kripalani v. Meena by holding that in its
essence desertion means the intentional permanent
forsaking and abandonment of one spouse by the
other without that others consent, and without
reasonable cause. For the offence of desertion so far
as the deserting spouse is concerned, two essential
conditions must be there (1) the factum of
separation, and (2) the intention to bring
cohabitation permanently to an end (animus
deserendi). Similarly two elements are essential so
far as the deserted spouse is concerned: (1) the
absence of consent, and (2) absence of conduct
giving reasonable cause to the spouse leaving the
matrimonial home to form the necessary intention
aforesaid. For holding desertion as proved the
inference may be drawn from certain facts which
may not in another case be capable of leading to the
same inference; that is to say the facts have to be
viewed as to the purpose which is revealed by those
acts or by conduct and expression of intention, both
anterior and subsequent to the actual acts of
separation.
A. Jayachandra vs Aneel Kaur on 2 December, 2004
37. What the lower Court observed rightly from reading of
Ex.A4 judgment was that, the observation in the acquittal judgment
was not because of the allegation was not proved, but such
averment does not constitute the offence under Section 498-A IPC.
The wife did not pursue the case further to say the filing of said
case constitutes cruelty to make it a ground for divorce even as a
subsequent event from the result of the acquittal judgment dated
08.05.2000, after filing of the divorce O.P. No.396 of 2000. Further
pursuing a legal remedy does not per se constitute cruelty, unless it
is shown out come of spite and ill will and the object behind is with
some oblique motive. Coming to the other facts covered by Ex.A5
in CC No.270 of 2000 that was undisputedly ended in conviction on
31.03.2001 and the accused was released under Section 3(1) of the
Probation of Offenders Act by admonishing him and he did not even
choose to prefer appeal or revision impugning the same. It is
observed therein that while the respondent/ wife was going to Court
to give evidence in Section 498-A IPC case, the petitioner/ husband,
his father, another by name Simhachalam assaulted her and she
was beaten, for which she lodged complaint, that was covered by
C.C No.270 of 2000 on the file of the V Metropolitan Magistrate,
Visakhapatnam, as such that no way constitutes an act of cruelty on
the part of the wife against the husband but vice-versa.
Suman Kapur vs Sudhir Kapur on 7 November, 2008
Ultimately, it was held that those acts
constitute cruelty or not to decide the Court can also take into
consideration the subsequent conduct and subsequent events from
the undisputed material and for that placed reliance on the earlier
expressions in A.Jayachandra vs Aneel Kaur , Suman Kapur
vs. Sudhir Kapur .