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...

BHAURAO SHANKAR LOKHANDE Vs. STATE OF MAHARASHTRA SUPREME COURT OF INDIA FEBRUARY 1, 1965 CASE FOR SECTION 7 AND 17 OF HINDU MARRIAGE ACT  Facts of the case :  The appellant in this case married Indubai in around 1956 and then in February 1962, married to Kamlabai. Therefore the petition was filled before the court to declare the second marriage with Kamlabai as void ab initio and charge the appellant under section 17 of Hindu Marriage Act and under section 494 of IPC. Contention of the parties :  Appellant  : The husband contended that the offence under section 17 of the act is not committed as the second marriage is not solemnized.  Complainant  : They contended that second marriage was completely solemnized as per the prevailing valid customs. They also contended that even if the marriage was not solemnized, the appellant is still liable for bigamy.  Question before the court : Whether the marriage was solemnized or not. Whether the appellant can be...

SWARAJ GARG  Vs. K.M. GARG DELHI HIGH COURT MARCH 7, 1978 . CASE UNDER SECTION 9 OF HINDU MARRIAGE ACT Question before the court : Where will be the matrimonial home located after the marriage when both the parties are gainfully employed and there does not exist any agreement either implied or written before the marriage.  Facts of the case : The wife Swaraj - petitioner lived in her village, Sunam, from 1956 and techer at the the school. She was the head mistress at government high school in 1969. She got married to the respondent in 1964. The husband was not having a satisfactory job and earn only 500 p/m in Delhi where he resides. She came to live with her husband for some time and then grt back to her village and continue living there. The Husband therefore filed the petition under section 9 of Hindu Marriage Act for restitution of conjugal rights.  Contention of the parties :  Petitioner  : The petitioner argued that respondent's condition is not satisfacto...