Tomar Publication Pvt. Ltd. Supreme Law Cases

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Tomar Publication Pvt. Ltd. Supreme Law Cases A monthly reporter, reporting leading judgments of Supreme Court of India and various High Court's,

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23/07/2026

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28/06/2026
28/06/2026

A consensual relationship does not constitute r**e unless the promise of marriage was false from inception, made with fraudulent intent, and induced consent by deception.

28/06/2026

Hindu Marriage Act, 1955—Section 13—Constitution of India, 1949—Article 142—Divorce— Family Court dismissed husband's petition holding cruelty not proved—Marriage solemnised in 2007—No child born—Wife employed as Government Gynaecologist in Gujarat—Husband serving as Government Doctor in Rajasthan—Parties cohabited only for about two to three months throughout the marriage——High Court reversed the decree and granted divorce—Wife consistently opposed dissolution of marriage—Asserted willingness to continue matrimonial relationship—Parties remained separated for more than 15 years—No subsequent effort made by either party for restoration of matrimonial life—Husband alleged repeated refusal of sexual relations—The evidence supported the finding of mental cruelty—Held—the judgment of the High Court affirmed—Marriage dissolved by sustaining the decree of divorce on the ground of mental cruelty and additionally by exercise of powers under Article 142 of the Constitution on account of irretrievable breakdown of marriage.

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