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Ushakumari C.V. v. P. Sukumaran - (High Court of Kerala) (11 Feb 2015)

Conducting press conference raising defamatory allegations against spouse amounts to mental cruelty



The Court held that the wife's actions of conducting a press conference raising defamatory allegations against her husband amounted to mental cruelty. Sifting various allegations of relationships with other women, and humiliating complaint before the magistrate, against the husband, the Court was unable to conclude desertion by the wife. It noted that the Appellant and Respondent's "rejoining after filing the petition" showed they had no intention to bring cohabitation to a permanent end. The Court transmuted the decree of divorce from one of desertion, to one of cruelty.

Relevant : Section 13 HINDU MARRIAGE ACT, 1955 Act Adhyatma Bhattar Alwar vs. Adhyatma Bhattar Sri Devi MANU/SC/0719/2001 Pandey vs. Prem Chandra Pandey MANU/SC/0010/2002 K. Srinivas Rao vs. D.A. Deepa MANU/SC/0180/2013


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