Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Uttarakhand High Court Bench: JUSTICES Rajiv Sharma & Sharad Kumar Sharma Vivek Bhatia Vs. Anju Bhatia On 21.9.2017 Law Point: Respondent wife suffering from border line personality disorder which had effect on attitude of wife pertaining to using abusive language and entering into physical assaults. Husband has proved cruelty by wife. Divorce rightly granted. JUDGEMENT For […]
Court: Supreme Court Of India Bench: JUSTICES Abhay Manohar Sapre & R.K. Agrawal N.p. Abu Vs. Vellam Thottil Asma & Ors. On 26 August 1998 Law Point: Non-appearance of respondent-Wife — Dissolution of marriage in terms of Agreement/MoU dated 30.12.2014 — Agreement/MoU bears signatures of Husband and Wife. Wife never denied her signature on Agreement/MoU nor […]
Court: Andhra Pradesh High Court JUSTICE P. Venkatarama Reddi, Krishna Saran Shrivastav & A. Hanumanthu Abbayolla M. Subba Reddy Vs. Padmamma On 27 July 1998 Law Point: Permanent Alimony and Maintenance : Cannot be Granted Under Section 25, Hindu Marriage Act in Proceedings Under Section 18, Hindu Adoptions and Maintenance Act. Section 25, H.M. Act should […]
Court: Patna High Court Bench: JUSTICE Navaniti Prasad Singh, J. & Jitendra Mohan Sharma Sanjay Choudhary @ Sanjay Jaiswal Vs. Anjali Devi & Ors. On 19 December 2016 Law Point: Filing of false criminal complaint against husband and family members under Section 498A, IPC and other allied Sections of IPC, constitutes matrimonial cruelty. Marriage solemnized between parties […]
Court: Bombay High Court Bench: JUSTICE S Daud Suman Ramchandra Shetye (Smt.) vs Ramchandra Sakharam Shetye on 13 January, 1989 Law Point: Taunts, constant nagging, violence and insulting behaviour by Wife amounts to cruelty. JUDGEMENT 1. This appeal arises out of a decree for divorce sans alimony passed against the appellant. 2. Appellant is the wife […]
Court: Punjab-Haryana High Court Bench: JUSTICE S Saksena Balbir Kaur vs Daljit Singh on 18 September, 1996 Law Point: Insisting to live separately from mother and sister of Husband without any valid reason is cruelty towards Husband. Divorce granted to Husband. JUDGEMENT 1. Appellant-wife has filed this appeal under Section 28 of the Hindu Marriage Act (for […]
Court: Himachal Pradesh High Court Bench: JUSTICE Sandeep Sharma Indu Bala Vs. State of Himachal Pradesh On 22 May 2018 Law Point: Indian Penal Code, 1860 — Sections 498A, 304B, 34 — Dowry Prohibition Act, 1961 — Section 4 —Criminal Procedure Code, 1973 — Section 438 — Cruelty — Dowry Death — Common Intention — Anticipatory Bail […]
Court: SUPREME COURT OF INDIA Bench: JUSTICE A Pasayat, D Bhandari Smt. Mayadevi vs Jagdish Prasad on 21/02/2007 Law Point: Cruelty in matrimonial life may be of unfounded variety, may be words, gestures or by mere silence, violent or non-violent JUDGEMENT Leave granted. Challenge in this appeal is to the judgment rendered by a learned Single Judge of […]
Court: Bombay High Court Bench: JUSTICE P Gaikwad State Of Maharashtra vs Madhu Bhisham Bhatia And Ors. on 16 February, 2004 Law Point: Wife herself contending that presently she is residing with her Husband and other family members including father-in-law, mother-in-law and brother-in-law and that whatever differences between the parties has now settled. Husband Acquitted. JUDGEMENT 1. […]
Court: Calcutta High Court Bench: Justice Shampa Dutt (Paul) Sarju Kumar Sarkar & Ors vs The State Of West Bengal & Anr on 19 January, 2023 Law Point: No evidence that complainant subjected to Cruelty of such nature as defined under seciton 498A, IPC Nor any material or evidence to show that there was entrustment and misappropriation […]