Which Supreme Court of India decision expressly used the Latin term mens rea when restating that a…
Suman Kapur v Sudhir Kapur (decided in 2008) expressly used the term mens rea when discussing the principle from Shobha Rani. The earlier judgment had already explained that…
Choose your answer
Which Supreme Court of India decision expressly used the Latin term mens rea when restating that a spouse need not intend harm for conduct to constitute matrimonial cruelty?
Answer and explanation
Correct answer A
Suman Kapur v Sudhir Kapur (decided in 2008) expressly used the term mens rea when discussing the principle from Shobha Rani. The earlier judgment had already explained that intention to injure is unnecessary if the conduct otherwise constitutes matrimonial cruelty.
Option feedback
Option A
Paragraph 27 of Suman Kapur discusses Shobha Rani and expressly states the point in terms of mens rea.
Option B
This decision addressed different facts involving alleged adultery, cruelty and the effect of remarriage on special leave.
Option C
Shobha Rani established that intention is unnecessary in matrimonial cruelty and was the earlier decision being discussed in Suman Kapur.
Option D
Russell was a House of Lords decision, cited in the Supreme Court’s discussion of cruelty.
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