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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
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Cruelty

Wife getting Husband Arrested is Mental Cruelty Entitling him to Divorce

PUNJAB AND HARYANA HIGH COURT V.M. Jain Bhupinder Kumar vs Smt. Versha Rani on 6/10/2004 Law Point: Wife got the petitioner arrested in the proceedings under Section 107/151 Cr.P.C. caused mental cruelty to the husband. Husband entitled to divorce JUDGEMENT This appeal has been filed by the husband against the judgment and decree dated 6.1.1995 […]

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Scratching Face, Beating Children, Filing Cases Cruelty fit for Divorce

Court: Kerala High Court Bench: Sreedevi, J. P.K. Vijayappan Nair vs J. Ammini Amma on 30 January 1997 Law Point: Filling Many Cases; Beating Children, Scratching Face etc Lead to Divorce. JUDGEMENT This appeal is filed against the decree and judgment in H.M.O.P. No. 85 of 1985 on the file of the Sub Court, Ernakulam. […]

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Supreme Court Defines what is Cruelty in Matrimonial Life fit for Divorce

SUPREME COURT OF INDIA Appeal (civil) 877 of 2007 Bench: 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 (Arising out of SLP (C) NO. 3686 OF 2006) Leave granted. […]

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Constant Denial of Sex is Mental Cruelty Fit for Divorce

MADRAS HIGH COURT C.M.A.No.1905 of 2002 HON’BLE MR. JUSTICE P.D.DINAKARAN and THE HON’BLE MR.JUSTICE P.P.S.JANARTHANA RAJA P.Devaraj vs V.Geetha on 26/07/2006 Mr.K.Kalyanasundaram, Adv. For the appellant. Mr.A.S.Vijayaraghavan, Adv. For the respondent. Law Point: Constant Denial of Sex in Marriage is Mental Cruelty and Decree of Divorce can be granted for the same. JUDGEMENT As the dispute between the parties is very narrow, the […]

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MP HC Defines Cruelty and Desertion defined as grounds for Divorce

Madhya Pradesh High Court Equivalent citations: AIR 2003 MP 271 Bench: S Khare Johnson M. Joseph Alias Shajoo vs Smt. Aneeta Jhonson on 28 February 2003 Law Point: Cruelty and Desertion defined as grounds for Divorce. JUDGEMENT This is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869 (hereinafter to […]

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Ex Parte Divorce to Husband on Basis of False 498A

Mumbai High Court Equivalent citations: II (2007) DMC 243, 2007 (4) MhLj 774 J Patel, R Dalvi Medha Gaurav Talekar vs Gaurav Kaluram Talekar on 4/4/2007 Law Point: Ex-parte divorce to husband on basis of acquital in 498A JUDGEMENT This Appeal challenges the ex parte judgment and order passed on 12-7-2001 by the Family Court […]

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Cumulative Behavior and Conduct Causing Mental Pain Divorce Granted

HIGH COURT OF JUDICATURE AT BOMBAY Ajay Ashok Khedkar V/s Sou. Laleeta Ajay Khedkar CORAM: A.P.DESHPANDE AND SMT. R.P. SONDURBALDOTA,  JJ. Mr.Hitesh Vyas, Adv. For the appellant. Mr.Sachin S. Pande, Adv. For the respondent. Law Point: Cumulative effect of the behaviour and conduct of the wife is good enough to draw an inference that respondent wife has caused utmost mental pain and suffering which constitute mental cruelty towards husband Date:12th  April, 2010.  ORAL JUDGMENT: (Per Deshpande, J.) This is family court appeal filed by the unsuccessful […]

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Filing False Dowry Case is Cruelty Husband Gets Divorce on this Ground

Madhya Pradesh High Court R.S. Jha, J. Smt. Kavita vs Harish Raisen on 13/4/2006 Law Point: Filing False dowry cases against family and desertion amounts to cruelty JUDGEMENT The appellant has filed the present appeal under Section 19 of the Family Courts Act read with Section 28 of the Hindu Marriage Act, 1955 calling in […]

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False Complaint Leading to Arrest of Family Members is Cruelty

HIGH COURT OF DELHI Bench: JUSTICE O.P.DWIVEDI Smt. Pinki Jain vs Sh. Sanjay Jain on 31-01-2005 Equivalent citations: 2003 (1) AWC 344 SC, (2003) 2 CALLT 23 SC Mr. Gopal Narain Aggarwal, Adv. For the appellant. Mr.Narinder Kaushik, Adv. For the respondent. Law Point: False complaint, family arrest -ground for Divorce JUDGEMENT This appeal is directed against the order dated 24.12.99 passed by […]

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False FIR under 498A 323 506 IPC is Mental Cruelty towards Husband

ALLAHABAD HIGH COURT  Smt. Archana vs Dr. P.K. Tomar on 4/2/2003 Bench: B.K. Rathi Law Point: The lodging of the false F.I.R. for offences under Sections 498A, 323, 506, I.P.C. maliciously amounts to the mental cruelty JUDGEMENT 1. This is an appeal under Section 96 of the C.P.C. against the judgment and order dated 7.2.2002 […]

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