bharatbhasha.com
Free Articles  >>  Business And Finance >> 

Divorce





Divorce
In India the laws appertaining to divorce have undergone some major changes. Depending upon the peculiarity of the cases, various legal reforms have ensued over the year for both men and women. Precedents, being the essence of a legal system have played a major role in shaping up the divorce procedure in India and molding the family law.

Landmark Judgments
1. The Supreme Court of India in a very recent and much debated judgment of Narendra v. K. Meena has held that the wifeâs act of forcing her husband to be separated from the family constitutes an act of âcrueltyâ to grant divorce. Setting aside a High Court judgment, The Bench also held that leveling of false allegations of an extra marital affair and repeated threats to commit suicide would also amount to âmental crueltyâ.
2. In the landmark case of Suman Kapur v. Sudhir Kapur it was held that abortion by a woman without her husbandâs knowledge and consent will amount to mental cruelty and a ground for divorce.
The Apex Court went on to define the concept of mental cruelty as follows:-
âMental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other for a long time may lead to mental cruelty. A sustained course of abusive and humiliating treatment calculated to torture, discommode or render life miserable for the spouse,â
3. In Suman Singh v. Sanjay Singh, the Apex Court laid down that no decree of divorce can be obtained on the basis of one isolated incident. The Honâble Supreme Court stated that âA petition seeking divorce on some isolated incidents alleged to have occurred 8-10 years prior to filing of the date of petition cannot furnish a subsisting cause of action to seek divorce after 10 years or so of occurrence of such incidents. The incidents alleged should be of recurring nature or continuing one and they should be in near proximity with the filing of the petition.â
4. In another landmark judgment of A. Jayachandra v. Aneel Kaur, the Supreme Court laid down that cruelty does not amount to mere physical violence. Cruelty can have both physical and mental aspect. It was iterated by the Honâble Court that âIt has to be seen whether the conduct was such that no reasonable person would tolerate it.â

Case Laws
⢠Narendra v. K. Meena (2016) 9 SCC 455
⢠Suman Kapur v. Sudhir Kapur AIR 2009 SC 589
⢠Suman Singh v. Sanjay Singh AIR 2017 SC 215
⢠Jayachandra v. Aneel Kaur (2005) 2 SCC 22





About Author legal resolved :

Legal Resolved is resolved to give online free and paid legal help to determine legal issues by giving counsel and sentiment to individuals whose rights are encroached or require legal help with deference of different legal matters.##lt
gt####lt
gt##


Article Source: http://www.bharatbhasha.com
Article Url: http://www.bharatbhasha.com/finance-and-business.php/492441


Article Added on Friday, May 12, 2017
LD
Other Articles by legal resolved

Divorce Risk What a Person Should Plan for
Divorce is one of the most intricate legal processes. It may end up having an impact on various aspects your life including financial, psychological and social. However, pre planning is a worthwhile technique to deal with it better. Besides getting legal advice, your organizational efforts come in handy during the tumult. Important things to work on Legal help- A professional legal help may required at the time of getting a divorce. Divorce lawyers provide you a better insight into your...

Marriage Counselling
The most crucial pillar of the society and the basis for the system of family – marriage has been the most peculiar aspect for humans. Spouses do everything in their capacity to sustain their lifelong marital bond but there are certain mental repercussions which should be duly tackled. When the spouses are unable to make the marriage work in their capacity, marriage counselling should be the preferred option before consulting a divorce lawyer. Couples’ therapy or is a...

Publishers / Webmasters
Article ID: 492441
DELINK URL from Authors Bio
REMOVE Article
Tell A Friend
Leave A Comment!
Download this article in PDF
Report Article!
Search through all the articles:


123 Users Online!!
Related Articles:
Latest Articles:
 
Business And Finance >> Top 50 Articles on Business And Finance
Category - >
Advertising Advice Affiliate Programs Automobiles
Be Your Own Mentor Careers Communication Consumers
CopyWriting Crime Domain Names DoT com Entrepreneur Corner
Ebooks Ecommerce Education Email
Entertainment Environment Family Finance And Business
Food & Drink Gardening Health & Fitness Hobbies
Home Business Home Improvement Humour House Holds
Internet And Computers Kiddos and Teens Legal Matters Mail Order
Management Marketing Marriage MetaPhysical
Motivational MultiMedia Multi Level Marketing NewsLetters
Pets Psychology Religion Parenting
Politics Sales Science Search Engine Optimization
Site Promotion Sports Technology Travel
Web Development Web Hosting WeightLoss Women's Corner
Writing Miscellaneous Articles Real Estate Arts And Crafts
Aging


Disclaimer: The information presented and opinions expressed in the articles are those of the authors
and do not necessarily represent the views of bharatbhasha.com and/or its owners.


Copyright AwareINDIA. All rights reserved || Privacy Policy || Terms Of Use || Author Guidelines || Free Articles
FAQs Link To Us || Submit An Article || Free Downloads|| Contact Us || Site Map  || Advertise with Us ||
Click here for Special webhosting packages for visitors of this website only!
Vastu Shastra

Email Marketing Solutions Provided By AwareIndia







Company IDS