Samar Ghosh Vs. Jaya Ghosh
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Head Note
The Hindu Marriage Act, 1955 - Section 13 (1)
Mental Cruelty - Concept of cruelty changes with change in time - What may be mental cruelty now may not be mental cruelty after passage of time.
The Hindu Marriage Act, 1955 - Section 13 (1)
Mental cruelty - If a husband undergoes operation of sterilization and wife undergoes vasectomy or abortion without medical reasons and without consent or knowledge of other spouse - It is cruelty.
The Hindu Marriage Act, 1955 - Section 13 (1)
Mental cruelty - Irretrievable marriage - Husband and wife both IAS Officers - Living separately for 16 years without any interaction - Wife and her parents did not bother even when husband was seriously ill and underwent bye- pass surgery - Husband granted decree of divorce - Held - The parties have no emotions, sentiments or feelings for each other at least since 27.8.1990.(2) This is a clear case of irretrievable breakdown of marriage - It is impossible to preserve or save the marriage - Any further effort to keep it alive would prove to be totally counter-productive.
The Hindu Marriage Act, 1955 - Section 13 (1)
What is cruelty in one case may not amount to cruelty in other case. The concept of cruelty differs from person to person depending upon his upbringing, level of sensitivity, educational, family and cultural background, financial position, social status, customs, traditions, religious beliefs, human values and their value system.
Topic(s)-Mental cruelty , Irretrievable marriage
Important Decision(s)-
- Matrimonial Law - Concept of cruelty changes with change in time.
- Matrimonial Law - Cruelty in one case may not amount to cruelty in other case.