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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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Desertion

Santosh Vs. Horilal

Court: Delhi High Court Bench: JUSTICE Hima Kohli, J. & Deepa Sharma Santosh Vs. Horilal On 4 August 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Appellant wife failed to substantiate allegations levelled against respondent-husband even on yardstick of preponderance of evidence — Allegations of such a […]

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Sardar Avtar Singh Vs. Amarjeet Kaur Gandhi

Court: Delhi High Court Bench: JUSTICE Manmohan Singh Sardar Avtar Singh Vs. Amarjeet Kaur Gandhi On 16 December 2013 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion by wife — Irretrievable break down of marriage — Vague allegations of cruelty are not sufficient to grant divorce and onus to […]

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Santosh Kumar Vs. Asha Budakoti

Court: Uttarakhand High Court Bench: JUSTICE Prafulla C. Pant & V.K. Bist Santosh Kumar Vs. Asha Budakoti On 13 June 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Working wife not joining company of husband for long time, more than 5 years and not coming to husband’s house even during […]

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Bulbuli Biswas Vs. Khagen Biswas

Court: Gauhati High Court Bench: JUSTICE I.A. Ansari & Dr. Indira Shah Bulbuli Biswas Vs. Khagen Biswas On 17 June 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Animus as well as factum of separation without any just cause proved by husband — Parties are living separately since 1985, almost […]

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Uttara Praveen Thool Vs. Praveen

Court: Bombay High Court Bench: JUSTICE B.P. Dharmadhikari & A.S. Chandurkar Uttara Praveen Thool Vs. Praveen On 6 January 2014 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Appellant-wife failed to prove either ill-treatment or demand of amount of Rs. 4,000 by respondent-husband — She deserted respondent without […]

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X Husband Vs. Y Wife

Court: Bombay High Court Bench: JUSTICE A.S. Oka & S.C. Gupte X Husband Vs. Y Wife On 7 March 2014 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Respondent-wife left matrimonial home on her own and not at the bidding of appellant-husband — She continued to stay away and did not […]

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Shikha Tamrakaar Vs. Rohit Kumar Tamrakaar

Court: Madhya Pradesh High Court Bench: JUSTICE Ajit Singh & N.K. Gupta Shikha Tamrakaar Vs. Rohit Tamrakaar On 19 December 2013 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion — Appellant-wife was quarrelsome with her husband and his parents — She was not making meals for them, forced her […]

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Pushkar Gupta Vs. Narender Kumar Gupta

Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog, J. & Pratibha Rani Pushkar Gupta Vs. Narender Kumar Gupta On 25 October 2016 Law Point: Hindu Marriage Act, 1955 — Sections 9, 13(1A)(i), 23(1)(a) — Restitution of Conjugal rights — Non-compliance of decree — Dissolution of marriage — Husband not disentitled to divorce — Parties separated […]

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Manish Gautam Vs. Shikha Gautam

Court: Allahabad High Court Bench: JUSTICE Pramod Kumar Srivastava Manish Gautam Vs. Shikha Gautam On 30 March 2016 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Parties living separately — Relationship of parties deteriorated — No possibility of reconciliation — Sufficient ground for divorce — Parties living separately […]

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Anurag Bajpai Vs. Indira Bajpai

Court: Allahabad High Court Bench: JUSTICE Ashok Bhushan & Abhinava Upadhya Anurag Bajpai Vs. Indira Bajpai On 02 September 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia), (ib) — Family Courts Act, 1984 — Sections 10, 14, 19 — Indian Penal Code, 1860 — Sections 498A, 506 — Dowry Prohibition Act, 1961 — […]

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