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Marriage and Divorce Law
Miscellaneous
Maladjustment or disharmony of temperament is different from
cruelty. To establish matrimonial cruelty, it is not necessary
that physical violence should be used. Where husband made
allegations that his wife was keeping a brothel, it was held that
allegations were sufficient to cause mental suffering and pain to
the wife. Where the wife lodged security proceedings against the
husband coupled with divorce proceedings and opted to let the
proceedings dismissed in default, it was held, that these were
attempts to harass the husband and they must have caused mental
torture to the husband.
A judgment, order or decree in exercise of the matrimonial
jurisdiction, which confers upon or takes away from person any
legal character, or which declares any person to be entitled to
any such character not as against any specific person but
absolutely could be rendered only by a competent court having
jurisdiction and it is a decision inrem and not in personem alone.
That is a matter, which cannot be referred to arbitration and
decided by the arbitrator.
Cruelty, does not consist of single violated act but consists in
most cases of a series of acts spread over a period of time. Law
does not require that at the first appearance of a cruel act, the
other spouse must leave the matrimonial home lest the continued
cohabitation be construed as condonation. Such a construction will
hinder reconciliation and thereby frustrate the benign purpose of
marriage law.
There is no evidence on record to show that the spouse lived a
normal married life despite the acts of cruelty, it is difficult
to accept the contention that the husband condoned the acts of
cruelty of wife.
Unless a consistent cruelty or harassment is shown and proved,
presumption cannot be raised. There may be cases where cruelty or
harassment may be immediate proximate cause of suicide and in that
situation the facts are required to be proved clearly. Thus,
despite the fact of demand of dowry having been proved, in the
absence of proof of consistent cruelty or harassment or nay such
act showing to be the immediate proximate cause of homicide the
offence can not be found to be proved.
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