LEGAL CASE MINE

SAMAR GHOSH Vs. JAYA GHOSH SUPREME COURT OF INDIA MARCH 26, 2007 CASE ON MENTAL CRUELTY UNDER HINDU MARRIAGE ACT Facts of the case :  The respondent, an IAS officer, was a divorcee who was having a daughter from her first marriage. She did the second marriage with the petitioner who is also an IAS officer, but always refused her husband of her matrimonial obligations. Husband filed the petition for the divorce on the grounds of mental cruelty.  Contention of the parties :  Petitioner  : The husband alleged that the wife has performed the acts of mental cruelty to him. He cited several incidence to support his arguments. The wife unilaterally declared to him that she won't share the bed with him and even won't give birth to his child. She and her mother always use to teach her daughter from the first marriage that the petitioner is not his father. Respondent also use to warn the petitioner that her daughter does not have any blood relationship with him this he need to...

N.G. DASTANE Vs. S. DASTANE SUPREME COURT OF INDIA 1975 CASE ON SECTION 13 OF HINDU MARRIAGE ACT, DEALS WITH CRUELTY AND CONDONATION Facts of the case : The petitioner and the respondent were the husband and wife who parted company on February 27, 1961. The husband filed the petition on February 19,1962 for annulment of marriage or alternatively for divorce or judicial seperation.  Contention of the parties : Petitioner  : The husband demanded the decree of annulment of marriage under section 12(I)(c) on the ground the his consent was taken by fraud. Alternatively he filed for divorce under section 13(I)(iii) on the grounds that his wife is incurably of unsound mind. Alternatively he demanded for judicial seperation under section 10(1)(b) on the grounds of cruelty. He alleged that respondent had treated him with such kind of cruelty that it created reasonable apprehension in his mind that it would be harmful or dangerous for him to live with her.  Wife  : She contend...