Last Will may prevail over earlier Will:-

  Last Will may prevail over earlier Will:- In case of dispute between earlier and subsequent parts of a Will,the subsequent part of the Will will prevails ( Kaivelikkal Ambunhi & ors vs H.Ganesh Bhandary,(1995) 5 SCC-444 & Uma Devi Nambiar & ors vs TC Sidhan,( 2004) 2 SCC-321. In case of “ Jasbir Singh vs Jaspal Singh & ors ”,2016 SCC Online P & H-3416,it   was held that the last will would prevail and the previous Will automatically deemed to have been cancelled, even in the absence of any specific clause.

Divorce in India : A Study : -1-

 

Divorce in India


 


                                            INDIAN DIVORCE PICTURE


50 leading cases in India on divorce are given below:

 

Sl.

No.

Citation

Name of the Parties

Grounds for Divorce

1.

AIR 1950 SIND- 8

Mt. Noor Bibi

vs.

Pir Bux (Sind Chief Court)(DB)

Neglect or failure to maintain wife -Dissolution of her marriage

2.

AIR 1954 SC-176

Chilukuri Venkateswarlu

vs.

Chilukuri Venkatanarayana

Divorce

3.

AIR 1957 SC-176

Bipinchandra Jaisinghbhai Shah

vs

Prabhavati

 

 

Desertion

4.

AIR 1958 SC-441

Earnest John White

Vs

Kathleen Olive White (Nee Meade) and others

Decree nisi for dissolution of marriage.

5.

AIR 1964 SC-40

Lachman Utamchand Kirpalani

vs.

Meena @ Mota

Desertion

6.

AIR 1965 SC-364

Mahendra Manilal Nanavati

vs.

Sushila Mahendra Nanavati

Annulment of marriage-Wife already pregnant at the time of marriage.

7.

AIR 1967 SC- 581

Smt. Chandra Mohini Srivastava

vs

Shri Avinash Prasad Srivastava and others

Ground that wife living in Adultery. Divorce decree follows decree for judicial separation.

8.

AIR 1968 SC-142

Gurdit Singh

VS

Mst. Angrez Kaur and others

Customs

9.

AIR 1970 SC-137

Yuvraj Digvijay Singh

vs.

Yuvrani Pratap Kumari

Appellant husband has not established that the respondent wife impotent at the time of marriage & appeal is dismissed.

10.

AIR 1972 SC- 2667,

Lakshmi Sanyal

vs

Sachit Kumar Dhar

Christian marriage is dissolved.

11.

AIR 1974 SC-165

Swarajya Lakshmi

VS

Dr. G.G. Padma Rao

 “Virulent” leprosy

12.

AIR 1975 SC- 1534

Dr. N.G. Dastane

v.

Mrs. S. Dastane

Divorce case needs proof beyond reasonable doubt  & Divorce evidence.

13.

(1978) 3 SCC-258

Lila Gupta

vs.

Laxmi Narain

Marriage solemnized after divorce but within one year of the date of divorce.

14.

(1979) 4 SCC-258

V.K.Gupta

Vs

Nirmala Gupta

Husband seeking divorce, failing in all courts and finally seeking SLP from Supreme Court.

 

15.

(1981) 2 SCC-509

Zohara Khatoon

vs.

Mohd.Ibrahim

Divorced wife is wife till remarried

16.

(1982) 2 SCC-373

Khatoon

vs.

Mohd. Yamin

Husband, a muslim, writing to wife to come back home otherwise the letter would be treated as a divorce.

17.

(1983) 3 SCC-522

Aruna Basu Mullick

Vs

Dorothea Mitra

Decree for alimony and maintenance is not extinguished on the death of the husband and is executable against the deceased husband’s estate in the hands of his heirs.

 

18.

AIR 1984 SC-1562

Saroj Rani

v.

Sudarshan Kumar Chadha,

Husband had intention of divorce to his wife.

19.

(1988) 1 SCC-105

Shobha Rani

Vs.

Madhukar Reddi

Continuous demands of dowry made on wife(Cruelty).

20.

AIR 1990 SC-594

Sanat Kumar Agarwal

vs

Smt. Nandini Agarwal

 

Desertion(Gurawat Custom).

21.

(1991) 3 SCC-451

Y.Narsimha Rao

vs.

V.Venkata Lakshmi

Divorce by Foreign Court.

22.

AIR 1992 SC-1904

Smt. Sureshta Devi

v.

Om Parkash, (SC)

 

Mutual consent to the divorce. It is open to one of the parties at any time till decree of divorce is passed withdraw the consent given to the petition.

23.

(1992) 2 SCC-562

Anita Laxmi Narayan Singh

Vs

.Laxmi Narain Singh

Divorce petition filed by husband in Bombay and wife filed petition for transfer of case to Ghaziabad .

24.

(1994) 1 SCC 337

V.Bhagat

Vs.

D.Bhagat(Mrs.)

 

 

Merely because there are allegations & counter allegations, a decree of divorce cannot follow. Marriage is dissolved & the honour & character of the respondent wife stands vindicated.

25.

(1995) 2 SCC- 7

Romesh Chander

v.

Savitri,

When marriage is dead, emotionally & practically,& there is no chance of its being retrieved, continuance of it would be cruelty. The dissolution of marriage shall come into effect from the date the house is transferred & possession in handed over to the respondent wife.

26.

(1997) 4 SCC-226

Ashok Hurra

vs.

Rupa Bipin Zaveri

Filed joint petition for divorce & later on wife filed application for withdrawing her consent for divorce. Conditional decree is passed & shall take effect only on payment of ten lacks.

27.

(1997) 11 SCC701

Balwinder Kaur

v.

Hardeep Singh,

 

Ex-parte decree of divorce

28.

(1998) 8 SCC 296

Mr.”X”

vs.

Hospital”Z”.

 

Spouse suffering from HIV

29.

(1999) 3 SCC-620

S. Hanumantha Rao

Vs

S. Ramani

Mental Cruelty

30.

(2000) 3 SCC-180

Rohtash Singh

vs.

Ramendri

Divorced woman, enjoys status of wife to  claim maintenance

31.

AIR 2001 SC-1709

Chetan Dass

Vs

Kamla Devi

Divorce – Broken marriage irretrievably

32.

(2002) 2 SCC-73

Savitri Pandey

vs.

Prem Chandra Pandey

Divorce & Remarriage-Desertion

33.

(2004) 7 SCC-747

Shyam Sundar Kohli

Vs.

Sushma Kohli

Husband made baseless allegations of bigamy against wife - Wife was forced to desert

34.

(2004) 10 SCC161

Perminder Charan Singh

vs.

Harjit Kaur

Fact of wife being a divorced at the time of marriage suppressed-Annulment of marriage.

35.

(2005) 2 SCC-22

A.Jayachandra

vs.

Aneel Kaur

When the husband was guilty of misconduct he could not claim divorce & could not take advantage of his own wrong.

36.

(2005) 7 SCC-353

Durga Prasanna Tripathy

v.

Arundhati Tripathy

 Living apart for 14 years-Irretrievable breakdown of marriage &  permanent alimony

37.

(2006) 3 SCC 778

Vinita Saxena

vs.

Pankaj Pandit

Mental disorder/Paranoid Schizophrenia.

38.

(2007) 4 SCC 511

Samar Ghosh

v.

Jaya Ghosh

Cruelty-Wife’s indifference & neglect of husband during his illness & refusal to cohabit with husband.

Definition of mental cruelty.

39.

(2009) 1 SCC-422

Suman Kapur

Vs.

Sudhir Kapur

Concept, degree, types & ingredients of cruelty explained/laid down. Husband remarrying within 60 days of decree of divorce confirmed by High Court.

40.

(2009) 12 SCC270

Alok Mishra

v.

Garima Mishra

 Settlement between the parties with the efforts of Mediators 

41.

(2010) 14 SCC301

Gurbux Singh

v.

Harminder Kaur (SC)

Wear and tear is not valid ground for divorce ..Husband seeking divorce on the ground that his wife abused his parents on 'Lohri' festival in presence relatives and neighbours

42.

(2011) 12 SCC- 1

Pankaj Mahajan

Vs

Dimple @ Kajal

 

Divorce on ground of unsoundness of mind  & permanent alimony

43.

(2012) 11 SCC748

Rahul Dubey

vs.

Vibha Dubey

 

Ex parte Divorce decree

44.

(2013) 2 SCC 114

U. Sree

v.

U. Srinivas

She had threatened that his life shall be endangered if he took any musical concert. Decree for dissolution of marriage is affirmed only on the ground of mental cruelty.

 

 

45.

(2013) 9 SCC-1

Darshan Gupta

Vs.

Radhika Gupta

Divorce on fault theory

46.

(2014) 16 SCC-34

K.Srinivas

Vs.

K.Sunita

Irretrievable breakdown of marriage

47.

(2015) 1 SCC-365

Dipanwita Roy

Vs

Ronobroto Roy

Husband seeking divorce on ground of infidelity of wife  after holding of DNA test

48.

2016 (2) DMC 32

SA

v.

AA (Delhi)

Wife used to call husband "Mota Hathi" (Fat Elephant) repeatedly - Husband entitled to seek divorce

49.

(2016) 9 SCC-455

Narendra

vs.

K.Meena

Wife separating husband from parents ground for divorce and Wife tried to commit suicide but saved by husband - Husband entitled to seek divorce on ground of cruelty.

50.

(2017) 4 SCC-85

Suman Singh

Vs.

Sanjay Singh

Few isolated incidents of long past and that too condoned due to compromising behavior of parties-Not amounts to cruelty.

51.

(2017)3SCC726

Jitender Arora and Ors.

Vs.

Respondent: Sukriti Arora and Ors.

 

Both the divorce decrees are ex-parte against each other. Both of them wanted divorce from each other

52.

(2017) 8 SCC-746

Amardeep Singh

Vs

Harveen Kaur

 

 

 

Cooling-off period of six months.

53.

(2018) 1 SCC-1

Santhini

Vs.

Vijaya Venketesh

Right of video conferencing facilities

 

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