The court noted that the wife claimed her husband was impotent and compelled him to undergo a potency test which found him fit. Such allegations, it observed, caused mental cruelty to him.
"Her refusal to wear 'sakha and sindoor' will project her to be unmarried and/or signify her refusal to accept the marriage with the appellant (husband). Such categorical stand of the respondent (wife) points to the clear intention of the respondent that she is unwilling to continue her conjugal life with the appellant," the high court said in the judgment passed on June 19.
In an affidavit filed in the court in response to petitions challenging the law, the Union of India said that despite the top court setting aside the practice in 2017, it has "not worked as a sufficient deterrent in bringing down the number of divorces by this practice" among the members of the Muslim community.
Overruling a nearly five-decade judgment, the Kerala high court has restored the rights of Muslim women for divorce without resorting to judicial proceedings.
The high court said instead of giving a quietus to their disputes, the woman had chosen to continue with divorce proceedings by making unsubstantiated allegations.
The Supreme Court of India has ruled that the offence of abetment of suicide should not be invoked mechanically against individuals, emphasizing that the provision should not be used to soothe the feelings of grieving families. The court stressed that the conduct of the accused and the deceased, their interactions, and conversations preceding the death should be examined practically and not divorced from real-life contexts. The judgment came after a plea challenging an order of the Madhya Pradesh High Court that refused to discharge a man from charges under Section 306 of the Indian Penal Code (IPC) related to a suicide case. The Supreme Court emphasized that to prove abetment of suicide, there must be evidence of active instigation or acts facilitating the suicide. In this case, the court found that the appellant's actions, including seeking repayment of a loan, did not constitute instigation to suicide.
The Patna high court has observed that the use of 'filthy language' by an estranged couple, who call each other names like 'bhoot' (ghost) and 'pishach' (vampire), does not tantamount to 'cruelty'.
Applying the same yardstick, the present bench said the removal of thali chain is often treated as an unceremonious act.
An Islamic qazi cannot adjudicate a dispute and pass orders like a court, the Madhya Pradesh high court has said.
The Centre has directed the Pune police to apprise it of the marital status of the parents of controversial IAS probationer Puja Khedkar amid allegations that she fraudulently availed of the OBC non-creamy layer benefit in the Union Public Service Commission (UPSC) exam by claiming that they were separated, an official said.
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The Galwan clash occurred six months after the Doklam disengagement and two high-profile meetings. India should not be caught by surprise once again, asserts former foreign secretary Shyam Saran.
In an order that has left people surprised, the Uttarakhand high court has asked police to provide security to an interfaith live-in couple if they register their relationship within 48 hours under the Uniform Civil Code (UCC), which is yet to be implemented in the state.
The Supreme Court said on Thursday that the purpose of criminal proceedings is to bring a wrongdoer to justice and not to seek revenge or pursue vendetta.
Justice Surya Prakash Kesarwani, in his order which began with the Sanskrit verse from the Manu Smriti, 'yatra naryastu pujyante ramante tatra devata' (gods reside where women are worshipped), said that all citizens, including Muslim women, have Fundamental Rights which cannot be infringed under the garb of personal law.
A first information report (FIR) has been filed against four people in connection with the suicide of a 34-year-old deputy general manager of a private firm, Atul Subhash, who died by suicide, accusing his wife, her family members, and a judge of harassment, extortion, and corruption.
Health issues, divorce, court battles, moral turpitude, and more can all distract the CEO and impinge on a company's performance. So, how much of their private life should a company disclose? asks Amit Tandon.
Therefore, a couple that lives together by virtue of an agreement cannot claim it to be a marriage nor seek a divorce based on that, the high court said.
Nikita said she got married to Subhash on April 26, 2019. She alleged that after marriage her husband and in-laws were dissatisfied with what her parents gave them during the wedding and demanded Rs 10 lakh more.
The court said the decision shall be communicated by the Union ministry of health and family welfare for considering whether any law, enactment, or guidelines are required to address issues related to posthumous reproduction or post-mortal reproduction.
Crucial reforms in Muslim personal law, especially laws related to inheritance and adoption, need to be initiated forthwith; historically speaking, without the State's backing, hardly has any reform taken place or allowed to prevail, asserts Mohammad Sajjad.
A legal battle between divorced NRI parents of a minor girl on Tuesday reached the Supreme Court which ordered the presence of their eight-year-old daughter in court to ascertain whether she would like to go to the US to meet her father. The apex court said the girl's mother will ensure her presence in court on June 4 when it would take up the matter for hearing.
The Bombay high court has directed a working woman to pay monthly maintenance of Rs 10,000 to her former husband who is unable to earn due to his ailments.
In a Hindu society, it is a "pious obligation" of the son to maintain parents and the persistent effort of the wife to constrain the husband to be separated from his family constitutes an act of 'cruelty' enabling him to get divorce, the Supreme Court has said.
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Additional Solicitor General Aishwarya Bhati, appearing for the Centre, informed the bench that the issue of single unmarried women opting for surrogacy is pending before a larger bench.
A five-judge Constitution bench said the SC is empowered under Article 142 of the Constitution to do complete justice.
The Bombay high court has refused to grant a decree of divorce to a woman on the ground that her husband was suffering from schizophrenia and had beat her a couple of times after marriage.
'A marriage is not an event for 'song and dance' and 'wining and dining' or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter'
May now faces the final and biggest hurdle of getting the deal approved by the UK Parliament where many MPs from her own party remain vehemently opposed to it.
The evidence on record, from close scrutiny, also leads to the conclusion that the wife used to insult the husband on the premise that he is dark and for the same reason has moved away from the company of the husband without any cause, the court noted.
It is evident that the younger generation is increasingly choosing to postpone or completely forego the idea of getting married, observes Sybil Shiddell, country manager India, Gleeden, a discreet extra marital dating Web site.
Former Spanish tennis star Arantxa Sanchez Vicario has been given a suspended jail term for fraud, a court in Barcelona said on Wednesday.
The Supreme Court has agreed to examine a plea on whether seeking details of hotel stays and call records to prove allegations of adultery are violative of the fundamental right to privacy under Article 21 of the Constitution.
The Allahabad high court has observed that 'protection of a person' from being charged in 'marital rape continues in cases where the wife is of 18 years of age or more'.
Another season of these legal antics would be welcome, applauds Deepa Gahlot.
The Supreme Court on Wednesday refused to entertain pleas seeking a direction to the Centre to frame religion and gender-neutral uniform laws governing subjects like marriage, divorce, inheritance and alimony, saying it cannot direct Parliament to "enact the law".
"If the marriage is not a valid marriage, according to the law applicable to the parties, it is not a marriage in the eyes of law. The 'Saptapadi' ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the said evidence is lacking in the present case," the court said in a recent order.
Yadav came out with a video statement, nearly seven minutes long, fulminating against a news portal which had carried a report about his divorce case, apparently presenting him in a poor light.
Such a legislation, the panel said, should be made applicable not only to the NRIs but also to those individuals who come within the definition of 'Overseas Citizens of India' as laid down in the Citizenship Act, 1955.
