Monthly Archives: February 2021

Mental Cruelty – Damaging the reputation of the Spouse

The respondent (wife) had made several defamatory complaints to the appellant’s (Husband) superiors in the army for which, a court of inquiry was held by the Army Authorities against the appellant. Primarily for those, the appellant’s career progress got affected. The Respondent was also making complaints to other authorities, such as, the State Commission for Women and has posted defamatory materials on other platforms. The net outcome of above is that the appellant’s career and reputation had suffered.

        When the appellant has suffered adverse consequences in his life and career on account of the allegations made by the respondent, the legal consequences must follow and those cannot be prevented only because, no court has determined that the allegations were false.

The allegations leveled by a highly educated spouse which have the propensity to irreparably damage the character and reputation of the other spouse and when the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.  

       The explanation of the wife that she made those complaints in order to protect the matrimonial ties would not justify the persistent effort made by her to undermine the dignity and reputation of her husband. In circumstances like this, the wronged party cannot be expected to continue with the matrimonial relationship and there is enough justification for him to seek separation. Joydeep Majumdar v. Bharti Jaiswal Majumdar, Civil Appeal Nos. 3786-3787 of 2020 decided on 26.02.2021

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Appointment of Arbitrator – Expiry of 30 days period

The mandate of the Arbitration and Conciliation Act, 1996 as contained under Section 11(4) is extremely clear as the time for appointment of Arbitrator is only restricted to 30 days. Admittedly where the arbitrator has not been appointed within 30 days, the applicant is right in approaching the High Court for appointment of an arbitrator in exercise of the powers under Sections 11(4) and 11(6) of the Act. M/s Three Star Engineering Works Pvt. Ltd. v. Diesel Locomotive Works, 2020 (144) ALR 121.

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