Is Being Convinced that Marriage has Failed Refusing to Grant Divorce by Mutual Consent is Cruelty ?

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In a recent case, the Kerala High Court observed that if a spouse refuses to give divorce through mutual consent even though they are convinced that the marriage has failed, then it would amount to cruelty.

As per the Bench of Justices A Muhammad Mustaque and Sophy Joseph if the court is convinced that the marriage has failed but a spouse is withholding consent for mutual divorce then the court can consider it cruelty.

In this case, the wife challenged a divorce decree granted in favor of the husband on the ground of cruelty.

The husband’s counsel stated that the wife was quarrelsome and submitted some handwritten notes of the wife mentioning daily in schedules. 

In this context, it was argued that if she deviated from the schedule, she got very disturbed.

It was submitted by the husband that the wife had a personality disorder and because of this, the marriage deteriorated.

On the other hand, the wife submitted that the husband did not support her emotionally during her pregnancy and also denied any wrong doing.

After hearing the submissions, the Bench opined that the couple never developed any emotional bond or any intimacy. 

The court further opined that the couple was leading an incompatible life from the start of their marriage.

Some other divorce case :
Make box item.
- Wife’s Habit of Chewing Tobacco Not a valid Ground for Divorce: HC
- Repeated filing of frivolous complaints against husband amounts to cruelty as a ground for divorce: SC
- “Overseas Wife”- HC Grants Divorce Says Husband Used Wife as Temporary Companion
- Mere Allegation of Cruelty Not Enough For Divorce: Allahabad HC

The court refused to believe the husband’s contention regarding the wife’s alleged behavior disorder due to lack of medical proof but stated that the wife’s conduct might have contributed to the deterioration of the relationship.

The Bench also noted that the couple has been living separately since 2017 and ruled that the Family Court did not err in granting the divorce.

Regarding the husband’s appeal regarding the child’s custody, the court opined that the husband has not shown much interest in raising the child, therefore, the child should remain with the mother.

However, the court clarified that the husband can approach the Family Court for visitation rights or to file a fresh petition.

COURT UPDATES
Wife Failed to Give Any Reason For Not Staying With Husband, SC Grants Divorce.

Dr Ajay Kummar Pandey 
Advocate Supreme Court of India
www.4csupremelawint.com 

Email: advocate@ajaykr.com

192


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Big Day: Big News

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रेमडेसिविर की कालाबाजारी में प्रख्यात न्यूरो सर्जन सहित 3 गिरफ्तार, इंजेक्शन की बड़ी खेप और 36 लाख रुपये बरामद

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Are you ready?

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Can winking and Blowing kisses land you in Jail ?

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Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

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नोएडा, गाजियाबाद से दिल्ली में लग रहे जाम पर सुप्रीम कोर्ट हुआ सख्त, जारी किया नोटिस

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UNHOLY HOLI, Will Holi land you in Jail ?

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क्रिप्टोकरेंसी को सरकार ने किया स्वीकार! कंपनियों को देना होगा हर लेन-देन का हिसाब

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Reservation more than 50 per cent is need of hour: Maharashtra

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आईटीआर में खामी रह जाने पर इनकम टैक्स 7 तरह के नोटिस जारी करता है, जानिए इनका मतलब

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Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court

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Didda Copyright Row: दिद्दा कॉपीराइट विवाद पर मुश्किल में कंगना, कोर्ट के आदेश पर एक और FIR दर्ज

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फैसला: सुप्रीम कोर्ट ने किराएदार पर लगाया एक लाख का जुर्माना, अद्भुत मामला दिया करार

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

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When the second marriage of a married woman / man becomes an offense under section 494

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Is Rhea Chakraborty guilty?

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Daughters have equal right in ancestral property

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Is second wife entitled for share in Property?

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How to save your hard-earned wealth from legal hassles?

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What will happen to property of Hindu after his death?

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Are you safe at home?

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Can sex with your own wife land you in jail ?

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Can you land in jail for sharing Obscene Message online in private?

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Legally speaking who discovered America?

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47 years old legal dispute finally decided

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Are you a victim of Covid-19 Goonda Raj? Part-2

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
Are you a victim of Covid-19 Goonda Raj ?

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
Can RWA stop your maid from coming to your home?

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
Can you escape Contractual Obligation under Covid-19?

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
Coronavirus: Is vaccine found for India Inc?

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
Who will pay rent for lockdown period?

Refusing to Grant Divorce, Divorce Lawyer, Advocate for Divorce, Kerala High Court, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Ajay Kummar
Legal consequences of being whatsapp group admin

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