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May 14, 2024 · Kerala High Court grants divorce citing desertion as grounds, overturning Family Court's decision in Matrimonial Appeal No. 798 of 2020.
- Khula Divorce Recognized: Matrimonial Appeal Verdict
Discover how the High Court of Kerala recognized a Khula...
- Khula Divorce Recognized: Matrimonial Appeal Verdict
Aug 2, 2021 · Deepa Bhatnagar [2011 KHC 4390], the Hon'ble Supreme Court held that mutual consent to the divorce is a sine quo non for passing a decree for divorce, which should continue till the passing of the decree and is a positive requirement for the court to pass a decree of divorce.
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- Issues
- Overview
- Relevant Provisions
- Judgement Analysis
- Conclusion
Treating a wife’s body as something owned by the husband and committing sexual acts against her will is nothing but “Marital Rape” said by a Divisional Bench of the Hon’ble Kerala High Court comprising of Justice A. Muhamed Mustaque & Justice Kauser Edappagath.
Whether marital rape is a ground under which divorce can be filed?Can marital rape be penalized?The marriage took place in 1995.By the time of marriage, the groom (husband) was a certified medical doctor. However, he never got into medical practice.Woman’s father was and is still into real estate businesses, a field which was soon followed up by the husband, though the plan didn’t turn out to work as expected.The marriage was arranged, during which various articles and objects were provided to the groom, including a car, a flat and 501 gold sovereigns.Section 13 of HMA: Cruelty, which is a ground for dissolution of marriage, may be defined as the wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger. The question of mental cruelty has to be considered in the light of the no...
Salacious temperament of a husband to ignore the rights of his wife’s is a marital rape, although such behaviour cannot be penalized. It falls under the frames of physical and mental savagery.As per the modern concept of social jurisprudence, spouses in a marriage are considered to be equivalent to each other in respect to physical and individual status. Therefore no husband is allowed...Moreover showcasing rights over the body of the spouse without his/her consent is treated as marital rape.The right to respect towards the body of the spouse or his/her mental or physical integrity surrounds the bodily integrity, and any disrespectful behavior towards the same violates an individual’s...The Court basically passed over some remarks while dismissing the appeals that were made by the husband in regard to his move towards the High Court, with an intention of countering the conclusion that was made by the Family Court, where the proceeding had been befalling for over a decade. Moreover, the Court held that - “An insatiable urge for wea...
- CCI Team
Jul 3, 2024 · Kerala High Court denies divorce due to lack of evidence of cruelty in a case involving marital discord and allegations of abuse.
Feb 16, 2024 · Kerala High Court upheld the refusal to grant divorce for husband on ground of cruelty while highlighting evidence of cruelty against wife.
May 14, 2024 · Discover how the High Court of Kerala recognized a Khula divorce in a matrimonial appeal, setting a legal precedent.
People also ask
Is marital rape a grounds for divorce in India?
Why did the court dismiss the appeals made by the husband?
Can a Muslim wife get divorced?
Do foreign courts exercise Khula?
The appeal was filed by the husband. In the appeal, we noticed the existence of the right of Muslim women to resort to the extrajudicial divorce of khula, allowing her to terminate her marriage.
