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  • Dastane Vs Dastane

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    ANUSHA Rangolla
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    In this case, the meaning of cruelty and its condonations was discussed. It was established that for cruelty to be grounds for divorce, it must cause reasonable danger or apprehension of danger to one's life and it should be proven beyond reasonable doubt. Condonation means conditional forgiveness of past offenses on the implied condition that no further offenses will occur. A later case discussed that mental cruelty must be assessed based on the entire relationship, with more importance given to the effect of conduct than its nature alone, and physical abuse need not be proven for cruelty.

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    In this case, the meaning of cruelty and its condonations was discussed. It was established that for cruelty to be grounds for divorce, it must cause reasonable danger or apprehension of danger to one's life and it should be proven beyond reasonable doubt. Condonation means conditional forgiveness of past offenses on the implied condition that no further offenses will occur. A later case discussed that mental cruelty must be assessed based on the entire relationship, with more importance given to the effect of conduct than its nature alone, and physical abuse need not be proven for cruelty.

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    97 views1 page

    Dastane Vs Dastane

    Uploaded by

    ANUSHA Rangolla
    In this case, the meaning of cruelty and its condonations was discussed. It was established that for cruelty to be grounds for divorce, it must cause reasonable danger or apprehension of danger to one's life and it should be proven beyond reasonable doubt. Condonation means conditional forgiveness of past offenses on the implied condition that no further offenses will occur. A later case discussed that mental cruelty must be assessed based on the entire relationship, with more importance given to the effect of conduct than its nature alone, and physical abuse need not be proven for cruelty.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Dastane vs Dastane, 1975

    In this case, the meaning of cruelty and its condonations was held. It
    was held that cruelty must be of such a character as to cause
    danger in life. It should be established that there was a reasonable
    apprehension of danger for one spouse to live with the other. The
    word ‘satisfied’ means “satisfied beyond a reasonable doubt” and
    condonation means conditional forgiveness, implying that no
    further matrimonial offense shall be committed.
    Samar Ghosh vs Jaya Ghosh, 2007

    In this case, the legal concept of mental cruelty was discussed. The general rule in all cases of cruelty
    is that the entire matrimonial relationship must be considered. The effect of the conduct is given
    more importance rather than its nature, which is of paramount importance in assessing a complaint
    of cruelty. The plaintiff need not establish actual instances of physical abuse.

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