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ksvrajuadv (Advocate)     05 October 2011

Need judgements

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


 5 Replies

ajay sethi (lawyer)     05 October 2011

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.

1 Like

Shailesh Kr. Shah (Advocate)     05 October 2011

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

ajay sethi (lawyer)     05 October 2011

suneer sharma v/s madhulata  sharma AIR 2000 MP


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

ksvrajuadv (Advocate)     05 October 2011

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

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 October 2011

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




Shonee Kapoor


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