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The Court said that if the wife of a poor potter is employed for some work like preparation of soil, that would not amount to torture proving abetment of suicide.
Justice Rai Chattopadhyay made the observation while setting aside the conviction of a husband and his relatives who were accused of driving his wife to commit suicide by consuming poison.
Husband abusing wife, a teacher, in filthy language in front of her students would not only tarnish her image in society but also amount to mental cruelty under the Hindu Marriage Act, the Chhattisgarh High Court held.
"Mere demanding to live separately cannot be said to be a cruelty of such degree which would invite the marital tie to be severed", the Calcutta High Court said.
The Court, therefore, dismissed the appeal filed by a husband challenging the June 28, 2019 order of a Family Court in Janjgir which had denied decree of divorce to him on grounds of cruelty.
In a significant ruling, the Bombay High Court has held that one cannot seek divorce under the Hindu Marriage Act, 1955 on the ground that their spouse is suffering from epilepsy.
A bench led by Justice Pavankumar Bajanthri refused to accept the argument of the husband that he had performed second marriage in 2004 after taking prior consent of his first wife, with whom he had married in May 1978.
The Gujarat High Court on Friday held that a woman can file a complaint alleging cruelty under Section 498A of the Indian Penal Code (IPC) after divorce, but only for incidents that took place while the marriage existed.