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
MADHYA PRADESH HIGH COURT JUSTICE S.K. Gangele, J. & Anurag Shrivastava Reena Jaggi Vs. Randeep Jaggi On 15 November 2017 Law Point: Appellant-wife lodged criminal complaints against respondent-husband and his family members — They were released on bail subsequently — Not possible for husband and wife to live together — Trial Court rightly granted decree […]
Court: RAJASTHAN HIGH COURT Bench: JUSTICE Pradeep Nandrajog, C.J. & Vinit Kumar Mathur Kailash Chandra Vs. Laxmi On 4 May 2018 Law Point: Indian Penal Code, 1860 — Section 498A — Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Cruelty — By the time parties recorded evidence, respondent had lodged complaint under […]
HIMACHAL PRADESH HIGH COURT JUSTICE Vivek Singh Thakur Shashi kala Vs. Pravesh Chandra Angra On 12 January 2018 Law Point: Legal notice received to join company of respondent, not replied by appellant wife — Appellant breathing hot and cold in one breathe JUDGEMENT The appellant was married to respondent herein on 7.12.1994 according to Hindu […]
Court:BOMBAY HIGH COURT Bench: JUSTICE T.V. Nalawade, J. & S.M. Gavhane Rakesh Vs. Vaishali On 13 October 2017 Law Point: Hindu Marriage Act, 1955 — Sections 9, 13(1)(ia), 13(1)(ib), 13(1)(iii) — Restitution of conjugal rights — Cruelty — Desertion — Mental illness — Unsound mind — Grant of divorce — Respondent-wife alleged to be […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & Ratnaker Bhengra Meenu Devi Vs. Amit Kumar On 12 March 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Mental Cruelty Desertion – False implication in criminal case amounts to cruelty Absence of physical relationship for more than 7 years between parties. It […]
Court: Bombay High Court Bench: JUSTICE Vasanti A Naik, J. & Swapna Joshi Sudhir Kamlakar Kharbade Vs. Sangita On 20 April 2018 Law Point: Hindu Marriage Act, 1955 – Sections 13(1)(ia), (ib) – Cruelty – Desertion – Appreciation of evidence – Wife respondent has ill-treated appellant-husband, in-laws and lodged false complaint against him under Section […]
Court: Chhattisgarh High Court Bench: JUSTICE Arvind Singh Chandel Sushil Chandra Sen Vs. Champa Sen On 6 October 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Appreciation of Evidence — Testimony of respondent-wife not reliable — Statement of husband appellant duly supported by his brother DW2 — That he had […]
Court: Madras High Court Bench: JUSTICE Pushpa Sathyanarayana K.S. Vimleswaran Vs. C.P.S. Charumathi On 21 February 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Restitution of conjugal rights — Petition filed as counter blast by wife subsequent to filing of divorce petition by petitioner-husband — Least intention […]
Court: Madras High Court Bench: JUSTICE M. Jaichandren, J. & T. Mathivanan Suguna Vs. Kubendiran On 20 January 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 9, 13(1)(ib) — Cruelty — Restitution of Conjugal Rights — Desertion — Appellant-wife alleged to have made repeated threat to commit suicide by pouring kerosene on her […]
Court: Hyderabad High Court Bench: JUSTICE C.V. Nagarjuna Reddy, J. & T. Rajani, J. V. Pavanamanjari Vs. V. Manoj Kumar On 14 March 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion — Irretrievable breakdown of marriage — Appreciation of evidence — Facts on record show appellant-wife subjected respondent-husband […]