Father: Tirlokchand Raina (Retired army officer) Mother: Parvesh Raina Brother(s): Naresh Raina, Mukesh Raina, Dinesh Raina (All elder) Sister(s): Renu Raina (Elder) Section 13(1)(ia) of the Act empowers the Court to dissolve the matrimonial ties between the parties by a decree of divorce on a petition by either spouse where the said spouse has been treated with cruelty after the solemnization of the marriage. Secondly, according to the learned counsel, the position would have been appreciably different if a specific finding regarding the falsity of the criminal complaint was returned, or if the Complainant or a witness on her behalf had committed perjury or had recorded a contradictory or incredible testimony. LECTURE NOTES/VIDEOS. Join Facebook to connect with Suresh Kumar and others you may know. The Respondent-Wife has admitted in her cross-examination that she did not mention all the incidents on which her Complaint is predicated, in her statement under Section 161 of the Cr.P.C. Accordingly, the respondent filed a petition under Section 13 of the Act for dissolution GURBACHAN SINGH 2015.03.10 10:45 I attest to the accuracy and authenticity of this document High Court Chandigarh of marriage by a decree of divorce. Law Point: Wife showing disrespect to the Husband and his family members amounted to cruelty towards the Husband. The relevant portion thereof reads thus:-, “Under the statutory provision cruelty includes both physical and mental cruelty. His family supported his decision, after overcoming their initial apprehension. In December, 2020, the snake catcher, Chavarukavu Suresh Kumar, testified to the court that Sooraj contacted him and purchased a snake. His playing teams: Uttar Pradesh Under-16s, Uttar Pradesh, Rajasthan Cricket Association President’s XI, Indian Board President’s XI, India Under-19s, India Blue, Gujarat Lions, Chennai Super Kings and India. 1. Wife deserted husband. Accordingly, finding no merit in the appeal, the same is hereby dismissed. In such circumstances, it would cause a reasonable apprehension in the mind of the husband that it was not safe for him to live with the wife. No costs. Suresh's wife and son saw him … She also did a few films in Tamil, Telugu, Kannada and Hindi films. 5. Deepa (2013) 5 SCC 226: AIR 2013 SC 2176, where it was held by Hon’ble the Supreme Court that where indecent/ defamatory statements are made in the complaint/ criminal proceedings, the same singly and cumulatively amounted to mental cruelty warranting grant of divorce. Another argument which has been articulated on behalf of the learned counsel for the Respondent is that the filing of the criminal complaint has not been GURBACHAN SINGH 2015.03.10 10:45 I attest to the accuracy and authenticity of this document High Court Chandigarh pleaded in the petition itself. She also started levelling false allegations against the respondent terming him as womanizer and that he had physical relations with the lady staff of the hospital. Additionally, a criminal case was lodged against the husband and his family members vide FIR No. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. Unlike the case of physical cruelty the mental cruelty is difficult to establish by direct evidence. After 19 … To maintain peace in the family, the respondent separated kitchen. On GURBACHAN SINGH 2015.03.10 10:45 I attest to the accuracy and authenticity of this document High Court Chandigarh 13.4.2001, when the respondent went to purchase the newspaper from the market and to get his hair cutting from the barbar and when he returned back, he found the room locked and she did not turn up and went to her parents house and said that she would go directly from Bahadurgarh to PHC Banwasa and the lock had to be broken. Irresistible conclusion wife treated husband-respondent with cruelty. Besides raising various preliminary objections, it was pleaded that she was harassed for want of dowry and a case was registered against the respondent and his family members under Sections 498-A/406 of the Indian Penal Code on 4.9.2003. Suresh Gupta is survived by his wife, Manju, sons (Raj and Sunny) and grandson (Sean). Raina and Priyanka are childhood friends. Various documents were also tendered in evidence by both the parties. After the marriage, the appellant used to provoke the respondent all the times and pressurized him to live separately from the matrimonial home. When evidence was lead, as also when arguments were addressed, objection had not been raised on behalf of the Respondent-Wife that this aspect of cruelty was beyond the pleadings. Adding thereto is the factor that the High Court had been informed of the acquittal of the Appellant- Husband and members of his family. The couple have two daughters and one son. Feeling aggrieved by the judgment and decree dated 2.11.2006 passed by the Additional District Judge, Rohtak, whereby the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 (in short “the Act”) for dissolution of marriage by a decree of divorce was allowed, the appellant-wife has approached this Court by way of instant appeal. Thereafter, the respondent convened panchayats on 24.12.2000 and 28.1.2001 and went to her parental house and after persuading took her back to the matrimonial home. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty. Relief. 4. 9. Then she left the matrimonial house along with her ornaments. Please prove you are human by selecting the House. JUDGEMENT. Suresh Kumar Gupta Dear family & friends, please join us as we celebrate the life of Suresh Kumar Gupta, a loving husband, father, grandfather, & friend to many. “4. The trial court on appreciation of evidence led by the parties, decided issue No.1 in favour of the respondent holding that the acts of the appellant in insisting upon the department to initiate action GURBACHAN SINGH 2015.03.10 10:45 I attest to the accuracy and authenticity of this document High Court Chandigarh against the respondent and also to prosecute him for demand of dowry show that the marriage had irretrievably been broken and such acts of the appellant amount to cruelty and were sufficient to dissolve marriage between the parties. Law Point: Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. GURBACHAN SINGH 2015.03.10 10:45 I attest to the accuracy and authenticity of this document High Court Chandigarh 8. 15. (xiii) Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty. Elucidating ‘mental cruelty’ the Apex Court in K. Srinivas Rao’s case (supra) concluded that if a false criminal complaint is filed GURBACHAN SINGH 2015.03.10 10:45 I attest to the accuracy and authenticity of this document High Court Chandigarh against the spouse and his/her relatives regarding matrimonial offences, it would be a case of mental cruelty. “No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of ‘mental cruelty’. 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The inference has to be drawn from the attending facts and circumstances taken cumulatively. During investigation, some of the family members were found innocent and their names were kept in column No.2 of the report filed GURBACHAN SINGH 2015.03.10 10:45 I attest to the accuracy and authenticity of this document High Court Chandigarh under Section 173 of the Code of Criminal Procedure but the appellant had moved an application under Section 319 of the Code of Criminal Procedure in which they were summoned. They used to go upto Gohana jointly and part company to go to their respective PHCs. in centimeters- 173 cm in meters- 1.73 m in Feet Inches- 5’ 8” Weight (approx.) In addition to the aforesaid, certain other illustrations were added by the Apex Court in K. Srinivas Rao v. D.A. Cruelty may be physical or mental. Police have launched a probe into the incident. Whether a spouse is inflicted with physical cruelty or not, it can be judged on the basis of direct evidence whereas mental cruelty is to be inferred on analyzing the factual matrix of each case and drawing conclusion thereon. Learned counsel for the appellant submitted that from the evidence on record, no ground of cruelty was made out. In an acting career spanning from 1980 to 1986, Menaka appeared in 116 films, mostly in Malayalam. Kalpen Suresh Modi (born April 23, 1977), known professionally as Kal Penn, is an American actor and former White House staff member in the Barack Obama administration.As an actor, he is known for his role portraying Lawrence Kutner on the television program House, as well as the character Kumar Patel in the Harold & Kumar film series. Made first ODI team: 29 July 2005 with Sri Lanka … Early life and education. Besides, refusing to attend GURBACHAN SINGH 2015.03.10 10:45 I attest to the accuracy and authenticity of this document High Court Chandigarh household chores and showing disrespect to the respondent and his family members amounted to cruelty towards the respondent.  After 19 years, she made a comeback through the television serial Kaliveedu. 10. Suresh Ishwar Wadkar born 1954 is an Indian playback singer. The Apex Court in Parveen Mehta v. Inderjit Mehta 2002 (3) RCR (Civil) 529 had very elaborately analyzed the expression ‘cruelty’ as a ground of divorce under the Act. (vii) Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty. Cruelty for the purpose of Section 13(1)(ia) is to be taken as a behavior by one spouse towards the other which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other. Mental cruelty is a state of mind and feeling with one of the spouses due to the behaviour or behavioural pattern by the other. (xi) If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty. In the said case also, wife had filed a case under Section 498-A IPC and the husband and his family members were acquitted and decree of divorce was granted to the husband on that ground, as it amounted to mental cruelty.” 14. She was turned out of the matrimonial home many a times. , Menaka, whose real name is Padmavathi, was born into a conservative Tamil Iyengar Brahmin family in Nagercoil, Kanyakumari district, India. DISCLAIMER: The above judgement is posted for informational purpose ONLY. We affirm the view of the High Court that the criminal complaint was “ill advised”. Replication was filed controverting the averments made in the written statement. in Kilograms- 73 kg in Pounds- 161 lbs: Eye Colour: Dark Brown: Hair Colour: Black : Cricket: International Debut: ODI-30 July 2005 against Sri Lanka at Dambulla Test-26 … The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty. Bench: JUSTICES JUSTICE AJAY KUMAR MITTAL AND SNEH PRASHAR, Anita Rani vs Suresh Kumar On 26 February 2015. 6. The appellant filed a petition under Section 9 of the Act for restitution of conjugal rights. Suresh was being survived by his wife and son; A piece of tragic news comes in from the Indian cricketing fraternity as former Kerala left-arm spinner M Suresh Kumar has been found hanging from the ceiling of his house in Alappuzha. 4164-CII of 2015. 220 dated 4.9.2003, registered under Sections 498-A, 406 of the Indian Penal Code, Police Station City Bahadurgarh got registered by the appellant, the respondent and his parents were acquitted by the trial court vide judgment dated 23.2.2013. They were GURBACHAN SINGH 2015.03.10 10:45 I attest to the accuracy and authenticity of this document High Court Chandigarh employed at PHC Bhainswal Kalan and Banwasa, situated on two sides of Gohana town. In such like situations, it may lead to mental cruelty.”, 12. The argument was premised on the averment that the investigation may have been faulty or the prosecution may have been so careless as to lead to the acquittal, but the acquittal would not always indicate that the Complainant had intentionally filed a false case. Profession: Cricketer (Batsman) Salary: RETAINER FEE: Rs 50 lakh ($95,000) TEST FEE: Rs 300,000 ODI FEE: Rs 200,000 T20 FEE: Rs 150,000 Net Worth: $25 million Family & Relatives. After hearing learned counsel for the parties, we do not find any merit in the contentions of learned counsel for the appellant. Suresh Kumar is Exec VP/Global CTO/Chief Development Ofcr at Walmart Inc. See Suresh Kumar's compensation, career history, education, & memberships. More. Suresh learned of Uthra's death from the newspapers. The approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental cruelty due to conduct of the other.”, 11. PW4 Santosh, sister of the respondent also stated that the appellant had ignored the family and also humiliated the family. Triple Talaq – An Unresolving Controversy, This div height required for enabling the sticky sidebar. We are, therefore, not impressed by this argument raised on her behalf. , Menaka married film producer G. Suresh Kumar at Guruvayur Temple on 27 October 1987. (i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty. At Walmart Inc. 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