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Showing posts with the label Matrimonial Law

Supreme Court Holds That Financial Dominance in Matrimonial Discord Does Not Constitute Cruelty Under IPC Section 498A

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Case Title and Bench The Supreme Court, in a recent judgment delivered by a bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan, held that the financial dominance of a husband over his estranged wife, in the context of a strained marital relationship, does not by itself amount to cruelty so as to attract prosecution under Section 498A of the Indian Penal Code.

Long Period of Separation Between Husband and Wife Amounts to Cruelty to Both: Supreme Court

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Introduction In a significant ruling on matrimonial jurisprudence, the Supreme Court of India has held that a long period of separation between a husband and wife, with no possibility of reconciliation, amounts to cruelty to both parties . The Court observed that prolonged matrimonial litigation results in the perpetuation of a marriage only on paper, serving neither the interests of the parties nor that of society. Invoking its plenary powers under Article 142 of the Constitution , the Supreme Court dissolved the marriage on the ground of irretrievable breakdown , reiterating that mental cruelty can arise from sustained separation and rigid refusal to accommodate each other. Bench and Background of the Case Composition of the Bench The judgment was delivered by a Division Bench comprising Justice Manmohan and Justice Joymalya Bagchi , with Justice Manmohan authoring the opinion for the Court. Marriage and Separation Timeline The parties were married on August 4, 2000 Matrimonial disp...