Is Wife's Self-Harm Grounds for Divorce in India?

2024 0 Supreme(Guj) 1249

5.1 Mr.Meena would submit that it was clear case of desertion at the hands of the wife as a result of which, the husband was entitled to the decree of divorce on the ground of desertion and cruelty. ... The addition of the issue of cruelty seven years after the filing of suit for divorce, was therefore designed at the hands of the husband to manufacture the ground in addition to that of desertion so as to obtain a decree of divorce. ... cause and th....

2025 Supreme(Online)(Kar) 23241

marriage between appellant – wife and respondent – husband on the ground of cruelty and desertion attributable to the appellant, if the answer is otherwise, whether there is any interference required at the hands of this Court? ... However, since she was not at fault, the divorce granted on the ground of cruelty and desertion by the Family Court is unsustainable in law. The decree of divorce labeled the wife as divorcee that too on cruelty as well as desertion which a....

2026 Supreme(Online)(Cal) 57

On the ground of such “foundational deceit” concerning the marital history, it was held that the husband did not come with clean hands and was not entitled to a decree of divorce. 19. ... between the parties has broken down irretrievably; if so, whether such fact can be a ground for divorce. ... a decree of divorce in favour of the respondent/husband against the appellant/wife. ... the husband to a decree of divorce on the ground of....

2022 0 Supreme(Chh) 609

Learned counsel for the appellant/wife would submit that the learned Family Court has granted decree of divorce on the ground of cruelty but respondent/husband has not taken such plea in his petition. ... (viii) The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction and emotional upset may not be a ground for grant of divorce on the ground of mental cruelty. ... Thus, considering the overall facts, as has been proved by t....

2024 0 Supreme(Guj) 1193

wife only on the ground that the criminal case under Section 498(A) is pending. ... cruelty at the hands of the husband and the in-laws. ... The other ground which weighed with the trial court to quote in the words of the trial court itself “considering all attending circumstances of the case on hands and the evidence which brought on record………… the case which put forward by the wife appears not bona fide.” 10. ... Since the petition for restitution of conjugal rights was filed prior t....

2025 0 Supreme(Cal) 330

Learned counsel for the respondent/wife next hands over a photocopy of a certified copy of an order of acquittal passed in a proceeding initiated by the appellant/wife under Section 498A of the Indian Penal Code against the husband, his sister and the sister’s husband. ... /wife. ... Section 13(1)(b) of the Hindu Marriage Act, 1955, which contemplates the ground of desertion as one of the grounds for divorce, clearly stipulates that unless two clear years pass between the arising of ....

2023 0 Supreme(Mad) 2044

Even though there is no specific cruelty, but the husband has suffered mental cruelty at the hands of the wife as allegations have been made against him and several complaints have been lodged against him. Therefore, the husband is entitled to a decree for divorce on the ground of mental cruelty. ... Both the Courts below have concurrently found that the husband has not established the allegations of adultery as against the wife. The First Appellate Court has granted divorce only on th....

Divorce-Action by Muslim wife-Fasah Divorce-Dissolution on ground of leprosy-Jurisdiction of District Court-Grounds of divorce-Powers of Kathi Court-Chapter 99, Legislative Enastments. ... A wife can on such ground obtain a decree for nullity under the general law. A wife therefore still has her remedy. In the case of leprosy there seems to have been some controversy as to whether subsequent leprosy would be a ground for #HL....

2023 0 Supreme(P&H) 1932

The judgment of Smt.Piyasa Ghosh is also not applicable to the facts of the present case, as in that case the husband was granted divorce by the Court below on the ground that the wife lodged the complaint after the husband filed a petition seeking divorce from her. ... Sonmath Ghosh , 2009(2) Civil Court Cases 619 (Calcutta) (DB), wherein it was held that merely on the ground that wife initiated complaint under Section 498-A IPC, the husband is not entitled for decree of div....

2024 0 Supreme(Bom) 859

I find force in the submission of Ms Prachi Sawant that this was a good enough reason for the wife to stay separately. Such de facto separation can never be regarded as ‘freely consented’ to afford a ground to the husband for divorce under Article 4(8) of the Law of Divorce. ... In my opinion, when the divorce is sought on the ground mentioned in Clause 8 of Article 4, the restriction provided in para 3 for leading evidence will be on such spouse who has filed for divorce#HL_....

Current Civil Cases

As per observation of the Hon’ble Apex Court, divorcee is entitled to receive maintenance from her erstwhile husband until she got remarried. The husband in his written objection has stated that the wife was found to be in objectionable situation with some third person by the villagers, though the same was not being substantiated by any corroborative witnesses. Learned Magistrate has observed that conduct of wife was not inspiring and she was not considered to be a destitute as wilful neglect on part of her husband so to maintain her was not being proved, for the same maintenance in her favo....

2019 0 Supreme(P&H) 864

Under such circumstances, the appellant-husband cannot be expected to live with the respondent-wife and jeopardise his well being as well as the well being of the daughter of the parties. By her own conduct, the respondent-wife has brought this divorce upon her. The lament of the appellant-husband is perfectly justified, as noticed in the discussion above.

2017 0 Supreme(Bom) 872

He has further stated that his daughter told him that her husband pressed her neck and her mother-in-law beaten her and father-in-law abused her in filthy language and prevented her to go to her parents house. Her husband threatened her to cut her hands and legs and, therefore, she has committed suicide.

2012 0 Supreme(Guj) 614

If a lady finds herself in a helpless situation and is absolutely exhausted on account of everyday trouble in the house then, at times being a woman, may retaliate, but that by itself will not constitute an act of cruelty so as to entitle the husband for a relief of divorce. However, this will not help the appellant as there is no cogent, convincing and overwhelming evidence on record to suggest that it was the respondent who was at fault. Even assuming for the moment that at times the respondent in the heat of exasperation may also have retaliated or raised her hands by itself is ....

2000 0 Supreme(P&H) 1216

Thus, the slight mental deformity found with the wife is not a good ground for divorce. The appellant-husband has not even examined his parents. When a person is levelling all these types of allegations, he is supposed to lead such evidence of those persons who may be in a position to say about the individual or collective acts of the spouse complained of.