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....13. The appellant, in support of his case, has examined himself as Witness 1. He has also examined Debabrata Ghosh as Witness 2, N.K Raghupatty as Witness 3, Prabir Malik as Witness 4 and Sikhabilas.... Hafizunnisa Yasinkhan (1981) 4 SCC 250 this Court stated that the concept of legal cruelty changes according to the changes and advancement of social concept and standards of living. With the advancement...were made.”49. This Court aptly observed in Chetan Dass v. Kamla Devi . (2001) 4 SCC 250...
...separation itself amounts to mental cruelty as an instance given by the Supreme Court in Samar Ghosh vs. Jaya Ghosh, .... He relies on judgment of the Supreme Court in Vijaykumar Ramchandra Bhate vs. Neela Vijaykumar Bhate reported in 2003
(6) SCC 334...(supra) in Ganesh Prasad v. Laxmirani Khatua reported in
2023 (II) OLR 157.
4...
...party fails to establish cruelty by evidence on record and if it fails to bring the aspects of cruelty within the aspects as of cruelty as settled by the Honble Apex Court in Samar Ghosh Vs. Jaya ...which are fictitious or created for the purposes of decree. 4. In the case at hand, apart from the fact that the judgment was rendered ex parte, the husband who sought to invoke...
...Samar Ghosh vs. Jaya Ghosh reported in 2007 (4) SCC 511 squarely a...appeal is pending before this Court for the past 8 years, this Court is of the view that the parameter laid down by the Hon'ble Supreme Court in paragraph 101(xiv) in...
and
M.P(MD)No.1 of 2015
D.Rachel Malini ... Appellant/Respondent .Vs.
S.Israel ... Respondent/Petitioner...
...
Samar Ghosh vs. Jaya Ghosh reported in (2007) 4 ...taken by her for house construction to construct a house. Being guided by decisions of the Apex Court, in the case of Samar Ghosh ...Roshan Topno
For the Appellant : Mr. Mrinal Kanti Ghosh Judgment on : 12.03.2025
Madhuresh Prasad, J...
...remained unsubstantiated.
10. The Apex Court in the case of Samar Ghosh Vs. Jaya Ghosh ...of the appellant; she had taken away Rs.50,000/- and jewellery and thereafter Rs.7,57,000/- in connivance with her brother and sister-in-law and lastly that an FIR for demand of dowry got registered...her father and brother.
4. The Family Court framed the issue of cruelty. The petition was dismissed for failure of the appellant to prove the case. Hence, the present...
...Puttaswamy Vs. Union of India reported in 2017 (10) SCC 1, Joseph Shine ...complained of could otherwise be regarded as cruelty.
14. Similar view has been taken by Hon'ble Apex Court in V. Bhagat vs D. Bhagat reported in ...".
12. In Sirajmohmedkhan Janmohamadkhan vs Hafizunnisa Yasinkhan & Another reported in 1981 (4) ...
... Samar Ghosh vs. Jaya Ghosh, reported in (2007)4 SCC 511; ...(2010)4 SCC 393 and R.Srinivas Kumar vs. R.Shametha, reported in
(2019)9...SCC 409.
7 Learned counsel for respondent has contended that appellant has miserably failed to prove the allegations of ill- treatment to his mother as...
...Samar Ghosh Vs. Jaya Ghosh reported in (2007) 4 SCC 511, ..., it stands established on the record that they have not been able to live together. 8.Now, it is relevant to extract the Hon'ble Apex Court decision in...prayer to set aside the said Judgment and Decree. 4.The respondent-husband, even after receiving the notice in this appeal, neither appeared before this Court nor contested the case and remained...
.... The Hon'ble Supreme Court in the case of Samar Ghosh Vs. Jaya Ghosh reported in ...Naveen Kohli Vs. Neelu Kohli reported in (2006) 4 SCC 558
has held as...parties is only in name. The marriage has been wrecked beyond the hope of salvage,
10
public...
...stage beyond return. 13.The Hon'ble Supreme Court, in the case of SAMAR GHOSH-VS- JAYA GHOSH, reported in (...reported the matter to the Higher Officials and the copy of the complaint to the Higher Officials, marked as Ex.P.4. Though there is no evidence that such incident took place, the fact that after...2015 Jerome Paulraj .. Appellant/Petitioner Vs.
Alexis Amala Jency .. Respondent/Respondent Appeal filed under Section 55 of Indian Divorce Act, 1869, praying this Court to allow this...
...)2) (2007)4 SCC 511 (Samar Ghosh Vs Jaya Ghosh)3) 2012...the appellant and the respondent are living separately for the past 15 years. The Hon’ble Supreme Court in Samar Ghosh Vs Jaya Ghosh...) 4 SCC 511, has laid down some of the...
...Samar Ghosh Vs. Jaya Ghosh reported in (2007) 4 SCC 511, the Hon'bl...further injustice.
31. It has been held by the Hon'ble Supreme Court in the case of Samar Ghosh Vs.. Jaya ...Naveen Kohli Vs. Neelu Kohli reported in (2006) 4 SCC 558, the Hon'ble Supreme Court has observed as under...
...reported judgment in the case of Samar Ghosh Vs. Jaya Ghosh in (2007) 4 SCC ...separately in the last 18 long years, the ratio laid down by the Apex Court in the case of Samar Ghosh Vs. Jaya Ghosh ...: Santosh Hazari v. Purushottam Tiwari (Deceased) By Lrs. (deceased) by Lrs. [(2001) 3 SCC 179].In the light of the above, the above questions...
...relevant to refer to the judgment of Hon'ble Supreme Court in the case of Samar Ghosh Vs. Jaya Ghosh
...mental cruelty.
17. In the case of Naveen Kohli Vs. Neelu Kohli reported in (2006) 4...cohabitation to the appellant-husband.
15. We may refer that in the case of Vijay Kumar Ramachandra Bhate vs Neela Vijay Kumar Bhate reported...
...of Samar Ghosh vs. Jaya Ghosh reported in (2007) 4 SCC 511.
...observations of the Hon'ble Apex Court in the case of A. Jayachandra vs. Aneel Kaur reported in (2005) 2 SCC 22. The relevant paragraphs Nos. 10, 12 and 13 of the said...Apex Court in the case of
Shobha Rani vs. Madhukar Reddi, reported in...
...
6. The family Court relied on judgment of the Supreme Court in
Samar ...that she made allegation and then contradicted herself. Her evidence is wholly unreliable.
9. The illustration of cruelty in Samar Ghosh (supra) is not...pointed out paragraph 23 in the petition, which introduced the incident of 17th/18thMay, 2015.
7...
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...judgments of the Hon'ble Apex Court in the case of Samar Ghosh vs. Jaya Ghosh reported in (2007) ...of Sanjana Sandip Pednekar Vrs. Sandip Sitaram Pednekar reported in 2014(3) Mh.L.J 781, with regard to cruelty, has observed that the....
4. The respondent/wife, in her written statement, denied all the adverse allegations of cruelty pleaded by the appellant/husband. In her specific pleading, the respondent/wife pleaded about...
...Samar Ghosh vs. Jaya Ghosh, reported in (2007) 4 SCC 511 include, long sep...C. C. Alavi Haji v. Palapetty Muhammed, reported in (2007) 6 SCC 555, paragraph 14..., State of M.P. v. Hiralal, reported in (1996) 7 SCC 523, paragraph 1 and M/s. ...