Divorce in India : A Study : -1-
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Divorce in India
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. |
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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