CRUELTY

Name of the source/ Book – rattan Lal Dhiraj Lal , IPF , 35th Edition

Every kind of harrasment is not covered

Sanjay jain vs mp- Though evidence reflects that there used to be quarrel between the deceased
and the accused , there is no evidence on record that he used to subject her to harassment or
cruelty such as causing grave injury or danger to her life or limb .Accused entitled to be acquitted.

Wifes desire to stay separately

Ganpat Dnyanoba Garje vs maha- Willful conduct

Burden of Proof

Sarwan kumar vs Hp- short tempere d, poor financial condition.

(That there is no benchmark for mental cruelty, depends upon environment and other such
conditions )-----------------------------------------FIND RRELEVANT CASE

Mediation(Every matrimonial dispute should not come to the court)

GV Rao vs LHV Prasad –There has been an out burst of matrimonial disputes.

Proof of cruelty

R.P Bidlan vs State of Maharashtra- For explanation (a) of 498A , there has to be a nexus between
cruelty and suicide ,mere proof of cruelty or suicide is not enough.

Misuse of Provision of Section 498A to be prevented

Onkar Nath vs NCT of Delhi – The provision should not be allowed to be used as a device for
achieving oblique motives.

((((((((((PREETI GIUPTA VS STATE OF JHARKHAND Even

ultimate acquittal
in the trail may also not be able to wipe out the deep scars of
suffering of the ignominy ))))))))))))))))))))))
Subsequent orders and decree

136 – Municipal board pratapgarh vs Mahendra Singh Chawla

In exercise of its jurisdiction , under article 136 , the court may not interfere with the order of the HC
on equitable grounds even though It finds the order indefensible.
ISSUES FRAMED (1)

A.

B.

C.

ISSUES FRAMED (2)

A.

SLP

Mahendra saree emporium v G V srinivasamurthy 2005:

it is to be exercised sparingly.

tirupati balaji devl. Vs bihar 2004

A. being extraordinary in jurisdiction it is meant to be exercised by the consideration of justice

with care and caution
B. THE SUPERIOR FORUM REFUSES TO EXERCISE ITS JURISDICTION IN THE FIRST INSTANCE IF
THE GRIEVANCE RAISED IS CAPABLE OF BEING TAKEN CARE OF BY ANY LOWER FORUM

COMPETENT TO DO SO. <Merged with the hc >

Shivanand gaurishankar basvanti vs Lakshmi Vishnu textile mills

SC is not expected to act as a regular court of appeal.

Shin-estu chemical co. ltd. Vs vindhya telelinks 2009

an appeal by special leave to SC can not be considered as right to appeal vested in a party and it is
not that every error is envisaged to be corrected in exercising power under this article.

P H Muranjan Vs Mumbai MRDA 2009

Where aprayer for injunction was concurrently refused by 2
courts, the SC will be very slow and cautious before it can take
diff. view . SC can only do it if it finds that the judgement of the
lower court is perverse (corrupt).
Sanwant singh VS RAJA 1961 frc).

Can be used in exceptional cases where grave and substantial injustice has been done and
violation of principal of natural justice

Chander singh Vs rajasthan