Tagged “cruelty”

4 articles on cruelty.

High CourtKerala High Court

Dr. Aswin V. Nair v. State of Kerala: a live-in partner is not a "husband" under Section 498A

On 13 July 2024, the Kerala High Court held that "husband" in Section 498A IPC means a married man — a woman's live-in partner, absent a legally recognised marriage, cannot be prosecuted for matrimonial cruelty, and the proceedings against him were quashed.

Valkya Editorial·14 Jun 2026·8 min

Supreme CourtSupreme Court of India

ASD v. LCSIBD: career, child welfare and the limits of matrimonial cruelty

On 12 May 2026, a two-judge bench expunged findings of cruelty and desertion against a dentist wife who had relocated from Kargil to Ahmedabad for tertiary medical care and to pursue her practice, holding that 'marriage does not eclipse her individuality' and retaining the divorce decree on the ground of irretrievable breakdown under Article 142.

Valkya Editorial·2 Jun 2026·10 min

High CourtCalcutta High Court

Dr. Soma Mandal Debnath v. Tanmoy Debnath: workplace humiliation as section 13(1)(ia) cruelty

In January 2026, a Calcutta HC Division Bench upheld a divorce decree on the ground of cruelty under section 13(1)(ia) HMA, holding that a husband maligning his wife at her workplace, questioning her chastity and abusing her before colleagues strikes at the core of dignity protected under Article 21.

Valkya Editorial·2 Jun 2026·9 min

High CourtHigh Court at Calcutta

Kamalika Majumdar v. Subhapriya Majumdar: clean hands in a cruelty divorce

Calcutta HC holds a spouse who concealed a prior marriage and 498A history cannot win a cruelty divorce; clean hands and constructive desertion bar relief.

Valkya Editorial·1 Jun 2026·9 min