Search Results for "mental and physical cruelty"

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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High Court Allows Divorce Appeal on Ground of Cruelty, Overturning Family Court Dismissal. Husband Established Mental Cruelty Under Section 13(1)(i-a) of Hindu Marriage Act, 1955, Through Wife's Abnormal Behavior, Public Humiliation, and Physical Violence, Despite Withdrawal of Unsoundness of Mind Ground.

The appeal arose from a divorce petition filed by the husband against the wife under the Hindu Marriage Act, 1955, on grounds of cruelty and unsoundne...

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Karnataka High Court Quashes FIR in Matrimonial Dispute Under Section 498A IPC and Dowry Prohibition Act Due to Vague Allegations. Court Holds that Filing of General and Omnibus Allegations Against Husband and In-Laws Constitutes Abuse of Process of Law Under Section 482 Cr.P.C.

The petitioners, husband and his family members (father, mother, brother), sought quashing of FIR registered at Basavanagudi Women Police Station, Ben...

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Bombay High Court Dismisses Wife's Appeal in Divorce Case on Grounds of Cruelty and Desertion. Wife's refusal to cohabit and emotional abandonment constituted mental cruelty and desertion under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 26.01.2007 at Nagpur. The wife stayed with the husband only for a brief period from 26.01.20...

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Bombay High Court Allows Husband's Appeal in Divorce Case Based on False Criminal Prosecution as Cruelty. Filing of false Section 498A IPC case and its conduct constitutes mental cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The case involves a Family Court Appeal filed by the husband against the judgment and decree dated 5th April 2006 of the Family Court, Pune, dismissin...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955. Allegations of Cruelty Were Vague and Desertion Not Proven, Affirming Family Court's Dismissal of Divorce Petition.

The appellant-husband filed a petition under Section 28 of the Hindu Marriage Act, 1955, challenging the Family Court, Pune's order dated 18 July 2000...