NARAYAN GANESH DASTANE versus SUCHETA NARAYAN DASTANE

NARAYAN GANESH DASTANE versus SUCHETA NARAYAN DASTANE

The respondent was guilty of cruelty, but the appellant condoned it by leading a normal sexual life after acts of cruelty; condoned cruelty was not revived as subsequent conduct of the respondent was not grave enough and must be assessed in context of both parties' conduct.

Parties
Appellant: Narayan Ganesh Dastane; Respondent: Sucheta Narayan Dastane
Jurisdiction
India
Judgment Date
19 March 1975
Procedural Posture
Civil Appeal / Appeal From Bombay High Court, Second Appeal No. 480 of 1968
Outcome
Appeal dismissed.
Legal Topics
Hindu Marriage Act, Cruelty in Matrimonial Proceedings, Condonation of Cruelty, Burden of Proof, Standard of Proof in Civil Cases
Family Law Hindu Marriage Act Cruelty in Matrimonial Proceedings Condonation of Cruelty Burden of Proof Standard of Proof in Civil Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Narayan Ganesh Dastane

Appellant

Sucheta Narayan Dastane

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court, Second Appeal No. 480 of 1968

Legal Issues

  1. 1 Meaning and scope of cruelty under Hindu Marriage Act
  2. 2 Burden and standard of proof in matrimonial proceedings
  3. 3 Effect and scope of condonation of cruelty

Ratio Decidendi

The respondent was guilty of cruelty, but the appellant condoned it by leading a normal sexual life after acts of cruelty; condoned cruelty was not revived as subsequent conduct of the respondent was not grave enough and must be assessed in context of both parties' conduct.

Court Disposition

Appeal dismissed.

Orders

  • Appellant to pay costs of the respondent.