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Checking relevance for Mayadevi VS Jagdish Prasad...
Checking relevance for Praveen Mehta VS Inderjit Mehta...
Praveen Mehta VS Inderjit Mehta - 2002 4 Supreme 596 : Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, a person, including a Scheduled Caste or Scheduled Tribe individual, can file for divorce on the ground of cruelty, which includes both physical and mental cruelty. Mental cruelty is defined as conduct that causes a reasonable apprehension in the mind of the petitioner that continuing the matrimonial relationship would be harmful or unsafe. The determination of cruelty depends on the cumulative effect of facts and circumstances, including the character, status, environment, and social values of the parties. The Supreme Court has upheld divorce on grounds of mental cruelty, even in cases where the marriage was not consummated and the parties lived apart for years, provided the conduct of one spouse created a state of mind of anguish, frustration, or depression in the other. Therefore, a Scheduled Caste or Scheduled Tribe person can seek divorce on the ground of cruelty under the Hindu Marriage Act, 1955, without any legal distinction based on caste or tribe.Checking relevance for A. Jayachandra VS Aneel Kaur...
Checking relevance for Naveen Kohli VS Neelu Kohli...
Checking relevance for Samar Ghosh VS Jaya Ghosh...
Samar Ghosh VS Jaya Ghosh - 2007 3 Supreme 26 : A person belonging to a Scheduled Caste or Scheduled Tribe can seek divorce on the ground of mental cruelty under Indian matrimonial law. The legal documents confirm that mental cruelty, including unilateral decisions such as refusing to have children after marriage, can constitute a valid ground for divorce. Specifically, Paragraph 97(xiii) of the document explicitly states: ''''Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.'''' This principle applies irrespective of the party''''s social or caste background, including Scheduled Castes and Scheduled Tribes. The court has consistently held that such conduct, when persistent and without valid justification, can cause mental agony and render marital life intolerable, thereby satisfying the legal threshold for divorce on grounds of cruelty.Checking relevance for Savitri Pandey VS Prem Chandra Pandey...
Savitri Pandey VS Prem Chandra Pandey - 2002 1 Supreme 90 : Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, cruelty is a valid ground for divorce. Cruelty, though not defined in the Act, includes conduct that endangers the life, limb, or health of a spouse, or causes reasonable apprehension of bodily injury, suffering, or harm to health. It may be physical or mental, and mental cruelty refers to conduct that causes mental suffering or fear in the matrimonial life. Crucially, cruelty must be distinguished from the ordinary wear and tear of family life and cannot be based solely on the sensitivity of the petitioner. The determination must be based on whether the conduct, in general, would be dangerous for a spouse to live with the other. This provision applies equally to all persons, including Scheduled Castes and Scheduled Tribes, as there is no exclusion or special provision based on caste or tribe status in the grounds for divorce under the Act.Checking relevance for Subhash Chandra Jha, Son of Sri Prabhu Narayan Jha VS Archana Daughter of Sri Kapileshwar Mishra Resident of Mohalla-Manihari Road, Laliyahi, P. S. - Katihar, District- Katihar. ...
Checking relevance for LEELADEVI RAO VS K. U. HARI RAO...
Checking relevance for P. Sumana VS P. V. Niranjan Kumar Reddy...
Checking relevance for Avtar Singh Rathore VS Asha Rathore...
Checking relevance for Suresh Kumar VS Reena Kumari...
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Checking relevance for Hemlata Sonwani VS K. R. Sonwani...
Checking relevance for Vidhya Viswanathan VS Kartik Balakrishnan...
Checking relevance for Vinita Saxena VS Pankaj Pandit...
Vinita Saxena VS Pankaj Pandit - 2006 2 Supreme 662 : A Scheduled Caste or Scheduled Tribe person can seek divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. The legal principle established in the document confirms that cruelty—whether mental or physical—can be a valid ground for divorce, including mental cruelty such as indifference, frigidity, denial of companionship, hatred, abhorrence, or abstinence from sexual intercourse without reasonable cause. The court emphasized that the determination of cruelty depends on the totality of the matrimonial relationship, the social and economic status of the parties, and whether the conduct was such that the petitioner could not reasonably be expected to endure it. The judgment explicitly supports the wife''''s right to seek divorce on grounds of mental and physical cruelty, even in cases involving a spouse with a mental disorder, and affirms that such grounds are available to all individuals regardless of caste or tribe, including Scheduled Castes and Scheduled Tribes.
