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Discussion > Family Law > Divorce > Need judgements   Unanswered Threads Post New Topic

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mithali adv


Advocate
[ Scorecard : 462]
PRO CHAT CALL
Posted On 05 October 2011 at 10:35 Report Abuse

Dear Friends,

I need judgements for respondent (wife) in divorce petition on grounds of cruelty 7 desertion,where husband himself admitted his second marriage in an agreement,he put all allegation in general nature in his petition.

Plz refer me jugdments in this regard,it is very urgent.

thanks in advance



ajay sethi


lawyer
[ Scorecard : 44816]
PRO CHAT CALL
Posted On 05 October 2011 at 13:19

In the case of Sirajmohmedkhan Janmohamadkhan v. Haizunnisa Yasinkhan & Anr. reported in (1981) 4 SCC 250, this Court stated that the concept of legal cruelty changes according to the changes and advancement of social concept and standards of living. With the advancement of our social conceptions, this feature has obtained legislative recognition, that a second marriage is a sufficient ground for separate residence and maintenance. Moreover, to establish legal cruelty, it is not necessary that physical violence should be used. Continuous ill-treatment, cessation of marital intercourse, studied neglect, indifference on the part of the husband, and an assertion on the part of the husband that the wife is unchaste are all factors which lead to mental or legal cruelty.



Total thanks : 1 times

Shailesh Kr. Shah


Advocate
[ Scorecard : 17851]
PRO CHAT CALL
Posted On 05 October 2011 at 13:22

visit www.indiankanoon.org for lots of judgement. you can select as per your requirements.


ajay sethi


lawyer
[ Scorecard : 44816]
PRO CHAT CALL
Posted On 05 October 2011 at 13:22

suneer sharma v/s madhulata  sharma AIR 2000 MP

 

second marriage of husband is sufficent ground to establish wife plea  of cruelty


mithali adv


Advocate
[ Scorecard : 462]
PRO CHAT CALL
Posted On 05 October 2011 at 15:04

Thanks Ajay,  is first judgement  ie (1981) 4 SCC 250 suitable under Hindhu Marriage Act


Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39337]
PRO CHAT CALL
Posted On 05 October 2011 at 15:16

www.indiankanoon.org would serve the purpose, it has google like search

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com





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