AI Overview...
- Exceptional Depravity - Main points and insights:
- The term exceptional depravity refers to highly egregious or morally reprehensible conduct by a spouse, often used as a legal ground for divorce or related proceedings. Several sources emphasize that establishing exceptional depravity involves demonstrating conduct that is significantly beyond ordinary misconduct, such as criminal acts or extreme moral failings Rishu Aggarwal VS Mohit Goyal - Delhi, Meganatha Nayagar VS Shrimathi Susheela - Madras, Sukanya Haridasan K.H
vs
Havin Sajee - Kerala, BALBIR SINGH VS SWARAN KANTA - Rajasthan. - Courts assess exceptional depravity based on specific facts and circumstances, and it is a high threshold to meet. The conduct must be of such a grave nature that continuation of the marriage would be unjust or intolerable Sukanya Haridasan K.H
vs
Havin Sajee - Kerala, BALBIR SINGH VS SWARAN KANTA - Rajasthan. - In legal proceedings, the existence of exceptional depravity can justify granting divorce even before the statutory period, especially if the conduct is of an extreme nature that causes exceptional hardship to the petitioner Rishu Aggarwal VS Mohit Goyal - Delhi, Angad Soni VS Arpita Yadav - Current Civil Cases, Sankalp Singh VS Prarthana Chandra - Delhi.
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The bar for proving exceptional depravity is set very high; mere misconduct or ordinary faults are insufficient. Evidence must convincingly demonstrate conduct of an extraordinary or morally depraved nature Savanam Giridhar Reddy VS Savanam Pavani - Andhra Pradesh, Saudamini Lenka alias Mohapatra VS Khageswar Lenka - Orissa.
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Analysis and Conclusion:
- The concept of exceptional depravity plays a crucial role in family law, particularly in cases where traditional grounds for divorce are insufficient or inapplicable. Courts require clear, compelling evidence of conduct that is morally or legally reprehensible to establish this ground.
- The legal framework underscores that exceptional depravity is not merely misconduct but involves conduct of an extreme and extraordinary nature, often linked with criminal behavior or severe moral failings.
- Overall, proving exceptional depravity is a stringent process, and courts are cautious in granting divorce on this ground, emphasizing the need for substantial proof of conduct that justifies such a severe legal remedy.
References:
- Rishu Aggarwal VS Mohit Goyal - Delhi
- Meganatha Nayagar VS Shrimathi Susheela - Madras
- Sukanya Haridasan K.H
vs
Havin Sajee - Kerala
- Savanam Giridhar Reddy VS Savanam Pavani - Andhra Pradesh
- Angad Soni VS Arpita Yadav - Current Civil Cases
- Arvind Kumar VS Nirmala Bharti @ Neha - Delhi
- Sakshi VS Abhinandan Sharma - Punjab and Haryana
- Saudamini Lenka alias Mohapatra VS Khageswar Lenka - Orissa
- Sankalp Singh VS Prarthana Chandra - Delhi
- BALBIR SINGH VS SWARAN KANTA - Rajasthan
Search Results for "Exceptional Depravity"
2022 0 Supreme(Del) 1518 • India - Delhi
VIPIN SANGHI, JASMEET SINGH
hardship' or 'exceptional depravity' on the part of the respondent. ... HARDSHIP OR DEPRAVITY - DENIAL OF CONJUGAL RELATIONSHIP - MEANING OF EXCEPTIONAL HARDSHIP AND DEPRAVITY - PURPOSE OF SECTION 14 ... The appellants contended that denial of sex from both sides led to a situation of 'exceptional hardship'/ 'exceptional depravity' ... The party alleging exceptional depravity in the conduct of the opposite party, w....
1956 0 Supreme(Mad) 363 • India - Madras
RAMASWAMI
and exceptional depravity on the part of the respondent. ... MATRIMONIAL LAW - DIVORCE - LEAVE TO PRESENT PETITION BEFORE THREE YEARS - GROUNDS OF EXCEPTIONAL HARDSHIP AND EXCEPTIONAL DEPRAVITY ... Whether the petitioner had suffered exceptional hardship and the respondent had committed exceptional depravity, justifying the grant ... Section 2(1) of the English Act and S. 14 of the Indian Act does not define "exceptional hardship or....
2022 Supreme(Online)(KER) 29139 • India - High Court of Kerala
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
Ratio Decidendi: The court held that 'exceptional hardship' and 'exceptional depravity' must be assessed based on specific ... hardship' and 'exceptional depravity,' leading to the decision to set aside the Family Court's dismissal of the application. ... )(ia), Section 14(1) - The Court analyzed the provisions regarding premature divorce petitions, emphasizing the parameters for 'exceptional ... hardship’ and ’exceptional depravity’ to be appreciat....
2022 0 Supreme(AP) 293 • India - Andhra Pradesh
R.RAGHUNANDAN RAO
hardship' and 'exceptional depravity' make it clear that bar for obtaining the leave of Court has been set very high - Such leave ... where the petitioner is able to demonstrate that respondent has behaved with such exceptional depravity that continuation of marriage ... can be granted only where a petitioner is able to show that petitioner would face exceptional hardship in continuing marriage or ... The words 'exceptional hardship' and 'exceptional depravi....
• India - Current Civil Cases
VIVEK CHAUDHARY, BRIJ RAJ SINGH
hardship to petitioner or exceptional depravity on part of respondent – In present case, criminal cases have been filed by respondent ... hardship to appellant or of exceptional depravity on part of respondent as continuance of litigation will cause mental and physical ... statutory period – Once application under Section 14 (1) of Act, 1955 is filed before court, court has to see whether there is exceptional ... Once an application under Section 14 (1) of the Act, 1955 is filed before the court, certai....
2011 0 Supreme(Del) 514 • India - Delhi
KAILASH GAMBHIR
hardship or exceptional depravity. ... hardship or exceptional depravity on the part of the Respondent. ... petition for divorce before the expiry of one year period from the date of marriage on being satisfied that the case is of extreme depravity ... to the Petitioner or (2) because of exceptional depravity on the part of the Respondent. ... or on account of exceptional depravity on the part of the Respondent and on the presentati....
2014 0 Supreme(P&H) 1489 • India - Punjab and Haryana
AJAY KUMAR MITTAL, SNEH PRASHAR
The trial court dismissed the application, finding no exceptional hardship or depravity. ... Issues: The main issue was whether the appellant could demonstrate exceptional hardship or depravity to seek permission for ... Finding of the Court: The court found that the appellant failed to demonstrate exceptional hardship or depravity, emphasizing ... Considering all facts and circumstances put forth by the parties, learned trial Court finding that the petitioner could not make out a c....
2000 0 Supreme(Ori) 326 • India - Orissa
A.S.NAIDU, P.RAY
hardship or exceptional depravity will be caused to a party if the petition not entertained then petition for divorce can be enter ... there are certain exceptions which are attracted under the proviso to Sec. 14(1) which provides that if the Court is satisfied that exceptional ... ... In the present case, there is absolutely no pleading regard¬ing "hardship" much less, "exceptional hardship". No materials have also been placed regarding exceptional depravity. ... Reading of the prov....
2013 0 Supreme(Del) 256 • India - Delhi
SANJAY KISHAN KAUL, RAJIV SHAKDHER
hardship or exceptional depravity was made out then the first motion can be passed and the second motion can be presented within ... direction to the Family Court, to re-examine the case for grant of the first motion on the application earlier presented - If a case of exceptional ... This would, of course, have to satisfy the ingredients of the proviso of Section 14 (1) of the said Act, i.e., exceptional hardship or exceptional depravity. ... It is not in dispute or doubt that before t....
1980 0 Supreme(Raj) 147 • India - Rajasthan
MAHENDRA BHUSHAN
hardship to the other spouse or where the erring spouse is shown to have been guilty of exceptional depravity. ... The court may refuse to grant pendente lite maintenance and expenses in cases where the conduct of the erring spouse has caused exceptional ... of exceptional depravity the court may refuse to grant alimony pendente lite. ... Thus, for instance, in case of a wife who has brought cohabitation to an end by admitted misconduct for which the husband is not to be blamed or in case where the cond....
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