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Landmark #Judgements OF #SupremeCourt OF #India ON #Family MATTERS
10 Land Mark #divorce cases in favor of #husbands
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.
#Judgments where #father get #Child #Custody
10 Landmark Judgments where father get Child Custody
Mridangra J. Hira Lal Suchak V. Neena M Suchak
Civil Appeal No 69 of 1980, Supreme Court reported in 1 (1983) D.M.C. page 360. In this case, father was given custody of child mother gets visitation.
Ms. Kala Aggarwal V Suraj Prakash Aggarwal & ORS.
Crl. Writ No 248 of 1991, Delhi High Court reported in 2 (1992) D.M.C. page 67. Father was given custody in spite of that he was bringing the kid from the USA and keeping in India.
Sanju V. Sobhanath
Habeas Corpus Writ Pet No 21335 of 1994, Allahabad High Court reported in 2 (1994 ) D.M.C page 616. Father was given child custody because he has the better financial condition than the mother.
Shaleen Kabra vs. Shiwani Kabra
CIVIL APPEAL NO. 4308 OF 2012,(Arising out of Special Leave Petition (C) No. 13254 of 2011). The custody of both the children given to the appellant-father and the arrangements with respect to visiting the children etc. shall take effect. The respondent-mother shall do the needful to send the younger son to the residence of the appellant father.
Smt. Rama V. Anil Kumar Joshi
The first Appeal from Order No 1142 of 1999, Punjab & Haryana High Court reported in 1 (2001) D.M.C page 264. Father was given guardianship and claim of wife dismissed that she is better financially.
Ram Murti Chopra and Anr. Versus Nagesh Tyagi
Date of Order: 25th September 2008, CM(M) No. 752/2000 25.09.2008
The court directed that during Dusshera holidays and winter vacations, the custody of the child will be given to the father for a period of one week each spell of holidays and during summer vacations the custody of the child be given to father for a period of one month. The father will continue to bear the education expenses etc. as he already had been doing.
Y. Varlakshmi V. Y. Kanaka Durga Prasad
A.A. O 300 and 301 of 1987, Andhra Pradesh High Court reported in 1 (1989) D.M.C page 379. The child was happy with the father so custody was given to him.
Farjanbi V. Sk. Ayub Dadamiya
F.A. No 603 of 1987, Bombay High Court reported in 2 (1989) D.M.C page 583. Father was given custody in spite that the child wants to live with mother.
Tara Chand Mavar V. Basanti Devi D.B.
Civil Misc Appeal No. 229 of 1987, Rajasthan High Court reported in 1 (1989) D.M.C page 402 Supreme Court of India. The child was happy with the father so custody was given to him.
Lekh Raj Kukreja V. Raymon
Civil Revision No 121 and 136 of 1989, Delhi High Court reported in 2 (1989) D.M.C page 75.Child custody given to Father despite mother told the point that if she is given custody boy would be with siblings.