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Showing posts with the label Bombay High Court JudgmentsHindu Marriage Act 1955Divorce and Cruelty Cases IndiaCaste and Marriage in IndiaMental Cruelty in Indian LawIndian Family Law CasesSection 13 Hindu Marriage ActHigh Court

Saying Divorce Will Be Arranged and Remarriage with Higher Caste Girl Does Not Amount to Cruelty: Bombay High Court judgement

 Bombay High Court The matrimonial judgment, the Bombay High Court held that a husband's statement about arranging a divorce and remarrying a higher caste woman does not amount to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 . The court clarified that while such remarks may be hurtful or culturally insensitive, they do not satisfy the legal threshold for cruelty unless accompanied by sustained abusive behavior. Case  Court: Bombay High Court Bench: Justice Nitin Borkar and Justice Rajesh S. Patil Date: May 2025 Relevant Law: Section 13(1)(ia), Hindu Marriage Act, 1955 Case of the fact  The appellant-wife had filed a petition for divorce before the Family Court, alleging that her husband repeatedly told her : He would arrange a divorce , He intended to marry a woman from a higher caste . She argued that such remarks were demeaning, insulting, and emotionally damaging , particularly given the social significance o...