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Showing posts from December, 2023

What is the difference between judicial separation and divorce?

What is the difference between judicial separation and divorce? S 10 of Hindu Marriage Act provides for Judicial separation:- (1) Either party to a marriage, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. S 13 of Hindu Marriage Act provides grounds for Divorce:- S 13 of Hindu Marriage Act provides that  that if decree for judicial separation has been passed between the parties and that there h

Basic concept of divorce on the ground of mental Cruelty

  Basic concept of divorce on the ground of mental Cruelty IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FAMILY COURT APPEAL NO.70 OF 2015 Thalraj  Vs Jyoti  CORAM : A. S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ. DATED : 10th February, 2021.  In the context of marriage, 'mental cruelty' refers to behavior or actions that cause significant emotional or psychological distress to one spouse by the other. Specifically, in cases involving unfounded scandalous allegations against a spouse made in the pleadings or filing of false complaints, such actions can be considered as instances of mental cruelty. When one spouse makes baseless and scandalous allegations against the other in the legal pleadings or files false complaints, it can have a severe impact on the targeted spouse's mental well-being. These actions can lead to humiliation, embarrassment, and emotional trauma. The false accusations can damage the reputation and social standing of the innocent spouse,