Struggling to get Divorce, here are some land mark cases in favor of husband

1. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Dr. Anita Rani V/s Dr. Suresh Kumar

Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. P & H HC affirms lower court decree. Divorce granted by the court.

2. Madras High Court
A.P. Ranga Rao vs Vijayalakshmi

Wife made Suicide attempt as the husband did NOT set up the separate house. Madras HC granted a divorce for a husband. On several occasions wife threatened to commit suicide. She insisted on the husband to start a separate establishment after severing his connection with the other members of his family, namely, mother, brother, brother’s wife and unmarried brother.

3. Bombay High Court
Smt. Nirmala Manohar Jagesha vs Manohar Shivram Jagesha

High Court analyses that the husband has NOT proven cruelty during matrimonial life, also not proven that the wife is of unsound mind and he is entitled to get a divorce on the basis of wild, reckless and baseless allegations of impotency, lack of masculinity made by the wife.

4. Delhi High Court
Chandhok (Lajwanti) vs Chandhok

Wife drives husband out of the matrimonial home, assaulted and abused him, refused to cohabit all cruelty. HC observed that husband subjected to cruelty & has become unendurable and granted divorce to him.

6. Delhi High Court
Smt. Alka vs Dr. R.K. Gautam

Wife Refused to have sex and threatened husband with suicide, ill-treating and uncaring attitude is shown towards relatives of husband. Delhi HC decreed the Divorce.

7. HIGH COURT OF JUDICATURE AT BOMBAY
Anil Yashwant Karande, Vs Smt. Mangal Anil Karande

Wife files a false case on 498a against the husband. Bombay HC accepts the innocence of husband and it ends in discharge of the accused husband and his people and granted him divorce

8. THE SUPREME COURT OF INDIA
K.SRINIVAS V/s K. SUNITA

Wife files a criminal complaint under section 307 read with 34, 148A, 384, 324 of IPC. Husband and seven members of his family were arrested on this. It was argued that this was solitary criminal complaint and cannot be considered as cruelty.Divorce granted by observing that even one false criminal complaint by wife constitutes matrimonial cruelty.

9. HIGH COURT OF JUDICATURE AT BOMBAY
Shri Mangesh Balkrushna Bhoir Vs Sau. Leena Mangesh Bhoir

Hon HC granted a divorce to the man even though trial court not specifically mentioned 498a filed by women was false. HC observed that the women have filed false cases and treated husband cruelly. Man files for divorce and granted by the civil judge but due to appeals case finally reaches the Bombay HC.

10. HIGH COURT AT CALCUTTA
Rita Bandopadhyay v/s Abhik Bandopadhyay

Wife claims that husband had illicit relations with own sister, abuse him in the office, deserted him and stops him seeing own son. Divorce granted by the court and appreciates statements and evidence that proves cruelty of wife to husband. It takes about 21 years after desertion to get a divorce in this case.

 

Kapil Chandna 
on 15 September 2017
Published in Family Law
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