Cruelty Includes Refusal of Repaying The Loan Taken In The Name Of Wife Rules Uttarakhand High Court

Must Read

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

Delhi High Court Restrains Publication of Book on “the Ryan School Murder”

The Order had come in an injunction application filed by the St. Xavier's Education Trust in Delhi. The Plaintiff...

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court...

Supreme Court To Hear Female Army Officers Plea on Non-Implementation of the Permanent Commission

Claiming that its order granting Permanent Commission to women in the army’s non-combat support units on par with the male counterparts was not implemented well, many Women Army officers have approached the Supreme Court.

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by...

Follow us

Uttrakhand High Court has added another aspect to cruelty as a ground of divorce in its recent judgment. Judgment declares that if a husband fails to repay the loan taken by him in name of his wife and fails to repay the same, it amounts to cruelty.

Facts of the Case and Arguments advanced

Appellant and respondent got married on 26th October 2001 as per Hindu rites and rituals. Husband, the respondent in the present case is a practising advocate. No kids were borne out of the wedlock. Wife, the appellant had earlier filed a case under section 13,25,26,27 of the Hindu Marriage Act before the Principal Judge, Family Court, Dehradun which was dismissed. Aggrieved by the outcome, she knocked on the doors of Uttrakhand High Court at Nainital, appealing against the decision. Appellant has contended that the respondent has a habit of taking loans. He took a loan in the name of his wife and also made her guarantor in some other loan he took. Respondent failed to repay the loans taken by him and as a consequence appellant had to face embarrassment at the hands of society. It was also brought on the record that, respondent and his friends cheated one Ms Dolly Gujral, who had lodged FIR against them under various sections of IPC in Police Station Raipur, Dehradun. Further, it was also mentioned in the appeal that respondent used filthy language with appellant and often abused her. He did not spend much time with her but preferred to spend it with another lady who lived in the same apartment as that of parties. Advocates for the appellants also submitted that she was time and again beaten by the respondents whenever she objected to his bad behaviour. Respondent did not appear before the court even after sufficient service.

The decision of the Case

Division Bench of High Court ruled that sufficient evidence was provided by the appellant to establish that cruelty was meted out to appellant.

The court said that “Taking loan is neither an offence nor shameful act but failing to repay it may cause embarrassment, as lender comes to recover his loan by any means. It also maligns the reputation of a person in society. Appellant is a housewife. Respondent also took a loan in the name of his wife/ appellant and also made her guarantor. Appellant has no source of income and she was deserted by her husband. In such circumstances, it was very painful for her to live because she has no source of income but has to repay the loan.”

In pursuance of above the division bench set aside the order of the family court and issued a decree of divorce to appellant. Moreover, respondent was also asked to return the Stridhan mentioned in the list to appellants within eight weeks.

Learning of the Case

From this case, we learn that taking a loan in the name of wife and not repaying the same amounts to cruelty.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

Delhi High Court Restrains Publication of Book on “the Ryan School Murder”

The Order had come in an injunction application filed by the St. Xavier's Education Trust in Delhi. The Plaintiff sought ad-interim restraining order on...

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court has drawn up the issue...

Supreme Court To Hear Female Army Officers Plea on Non-Implementation of the Permanent Commission

Claiming that its order granting Permanent Commission to women in the army’s non-combat support units on par with the male counterparts was not implemented well, many Women Army officers have approached the Supreme Court.

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

More Articles Like This

- Advertisement -