LANDMARK DIVORCE JUDGMENTS ON MENTAL CRUELTIES BY WIFE

Marriages in India are considered as the unification of a girl and a boy for approval of social status in the society. Nowadays marriages are easily broken either due to the fault of the husband or the wife. Also, there were situations where the wife makes a false complaint against her husband. In most of such cases, the husband had no remedy because the laws of India are in favor of women.

Most of false cases are filed for Misuse of Dowry Laws, Domestic Violence Act and ‘Sec: 498-A’ of IPC by wife against husband and in-laws of husband through lodging false complaints, Desertion of wife who deliberately intending for separation , extra marital affairs,  Wife opting for second marriage without applying for the divorce ,Threatening to leave husband’s home and threat to commit suicide by the wife. Cruel behaviour of wife, Abusing and accusing husband, Wife refusing to have sex with husband without any sufficient , filing  FIR against husband and in-laws which has later proved as false report, Conduct and misbehaviour of the wife against husband, mental disorder or unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife suffering from the filarial etc.

Here is list of top 25 cases where mental cruelty did by wife -

1. SUPREME COURT OF INDIA: Dated  5 January 2007 “Demand for Domestic Expenses is not dowry” 
2. DELHIHIGH COURT “False 498A Being The Basis For A Divorce and False complaint family arrest ground for Divorce " 
3. MADHYA PRADESH HIGH COURT: Dated  18 January 1996 “Divorce on filling False 498a and defame”.  
4. ALLAHABAD HIGH COURT: Dated  4 February 2003 “False complaints by Wife eligible for Divorce”. 
5. KERALA HIGH COURT: Dated  30 January 1997 “Filling Many Cases Lead to Divorce”.
6. MADRAS HIGH COURT: Dated  15 December, 2006 “DNA test for paternity and Divorce”.
7. MADHYA PRADESH HIGH COURT: Dated  13 April 2006 “Divorce on False case, cruelty and desertion”.
8. MUMBAI HIGH COURT: Dated 4 April 2007 “Ex-parte divorce to the husband when acquitted in 498a”.
9. MADHYA PRADESH HIGH COURT: Dated  13 April 2006 “Divorce on False case, cruelty, and desertion”.
10.  DELHI HIGH COURT: Dated  13 December 2010 “Marriage between a Hindu and non-Hindu under HMA not valid”. 
11. PUNJAB HARYANA HIGH COURT:   Dated  4 February 2010 “ 6 Months waiver in divorce”.
12. HIMACHAL PRADESH HIGH COURT: Dated  18 November 1996 “ Burden is upon the woman to establish the paternity”. 
13. MADHYA PRADESH HIGH COURT: Dated 28 February 2003 “Cruelty and Desertion grounds for Divorce”.
14. MADRAS HIGH COURT: Dated  26 July 2006 “Divorce on Denial of Sex”.
15. MADRAS HIGH COURT: Dated 21 July 2005 “Divorce on Cruelty, Desertion and Non consummated Marriage”. 
16. SUPREME COURT OF INDIA: Dated  09-07-1991 “Conditions for the validity of Foreign Divorce Decree (NRI)”. 
17. ANDHRA HIGH COURT: Dated  24 July 2006 “Divorce on impotency and Cruelty”.
18. MUMBAI HIGH COURT: Dated  2008 “Repeated Suicide threats amounts cruelty divorce ground”.
19. SUPREME COURT OF INDIA: Dated  2 May 1969 “ Divorce on No consummated Marriage”.
20. MUMBAI HIGH COURT “Wife guilty of desertion & cruelty”.
21. MUMBAI HIGH COURT “Dissolution of the marriage on the ground of desertion and cruelty”. 
22. DELHI HIGH COURT:   Dated 7 January 2010 “1 Year Separation before filling Section 13B and Waiver”. 
23. SUPREME COURT OF INDIA “Irretrievable Breakdown Grounds for Divorce”. 
24. MUMBAI HIGH COURT "Wild allegations against spouse is cruelty" 
25. SUPREME COURT OF INDIA:  Dated  7 November 2008 “ Pregnancy Aborted Divorce Granted ".