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: Supreme Court of India Bench: Justice Deepak Gupta, Adarsh Kumar Goel Raj Talreja vs Kavita Talreja on 24 April, 2017 Law Point: Conduct of a spouse levelling false accusations against other spouse is cruelty JUDGEMENT 1. Parties to the appeal got married in 1989 according to Hindu rites. Out of this wedlock a son was born […]
Court: Delhi High Court Bench: Justice Santosh Duggal V. Bhagat vs Mrs. D. Bhagat on 20 August, 1991 Law Point: JUDGEMENT 1. The present application under S. 151 of the Code of Civil Procedure is moved by the petitioner, who has filed a petition for dissolution of marriage by a decree of divorce against his […]
Court: Madhya Pradesh High Court Bench: JUSTICE Alok Aradhe Jaideep Shah Vs. Rashmi Shah On 18 April 2011 Law Point: Adultery — Addition of party — In a petition seeking dissolution of marriage on ground of adultery, the date and place of the adultery and the name and address of the person with whom the […]
Court: Madras High Court Bench: JUSTICE R. Balasubramanian & P.P.S. Janarthana Raja Jyothi Ammal & Anr. Vs. K. Anjan On 9 October 2006 Law Point: Husband had no access to wife during time she could have begotten child and expert’s evidence excludes husband as father of disputed child. JUDGEMENT The earlier appeal is against the decree of […]
Court: Supreme Court of India Bench: K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar Joseph Shine vs Union of India on January 31, 2023 Law Point: Armed Forces Personnel Liable To Face Disciplinary Action For Adultery Despite Striking Down Of Section 497 IPC : Supreme Court JUDGEMENT MISCELLANEOUS APPLICATION NO. 2204 OF 2020 […]
CHHATTISGARH HIGH COURT JUSTICE Rajendra Chandra Singh Samant Anandram Vs. Laxmibai On 5 September 2017 Law Point: Adultery — Birth of child while living separately proves Adultery— Respondent-wife alleged to have physical relationship with number of other persons Also non-explanation by respondent-wife as to why she never made any effort to go back to her […]
Telangana & Andhra Pradesh High Court JUSTICE M.S. Ramachandra Rao K. Sugandha Kumar Vs. K. Vijaya Laxmi On 13 November 2015 Law Point: Adultery — DNA Test — Legitimacy of child — Presumption — Primary purpose for which DNA test sought is not legitimacy of child but to prove adultery of respondent-wife — Principle behind […]
Delhi High Court JUSTICE Najmi Waziri Mrs. Anil Singh vs Dr. Narender Singh On 21 August 2014 Law Point: Allegations of adultery – Burden of Proof – Allegations of adultery made by wife. Allegations of adultery have a consequence of damaging one’s reputation, taking away the dignity of that person in the eyes of his […]
Allahabad High Court JUSTICE Binod Kumar Roy & R.K. Mahajan Smt. Sunita Singh Vs. Raj Bahadur Singh & Anr. On 28 July 1998 Law Point: Letters written by wife showed her deep love for other man. She ran away and FIR was lodged. In matrimonial matters direct evidence of adultery is not possible, circumstantial evidence […]
Madhya Pradesh High Court JUSTICE Alok Aradhe Jaideep Shah Vs. Rashmi Shah On 18 April 2011 Law Point: Adultery — Addition of party — In a petition seeking dissolution of marriage on ground of adultery, the date and place of the adultery and the name and address of the person with whom the adultery was […]