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: JUSTICE Prafulla C. Pant & V.K. Bist Pradeep Kumar Juyal Vs. Kanti Devi Law Point: Divorce, Cruelty, Desertion — Husband and wife not living together — Testimony of husband reliable — Wife told him not to come back, so that she may have pension — Trial Court committed error of […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog, Pratibha Rani Jagwati Vs. Gajender Kumar On 1 September 2016 Law Point: Mental Cruelty — Desertion — Restitution of Conjugal Rights — Cruelty committed on respondent-husband and his family by appellant-wife — Animus deserendi proved by respondent-husband to seek divorce on ground of desertion — Appellant-wife is […]
Court: Rajasthan High Court JUSTICE Vineet Kothari Sheelu Vs. Amar Singh & Anr. On 27 January 2016 Law Point: Adultery — Grounds well established by Husband — Divorce decree sustained. Not fit case of making efforts through mediation for restoration of matrimonial home. JUDGEMENT 1. The present appeal has been filed by the appellant wife […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog and Pratibha Rani Aarti Manchanda Vs. Chander Shekhar Manchanda On 12 August 2016 Law Point: Conduct of wife of leaving her matrimonial home and never returning back or even making enquiry of her children was enough to lead to irresistible conclusion that she left to bring co-habitation […]
Court: High Court Of Delhi Bench: JUSTICE Ms. Veena Birbal Suman Kaushik Vs. N.P. Kaushik Law Point: Divorce on the ground of desertion and cruelty – Parties lived together for 7 months and litigating for 25 years – Husband employed as judicial officer and wife working under government – Wife making various complaints in respect […]
Court: Himachal Pradesh High Court Bench: JUSTICE Rajesh Sharma Pushpa Devi Vs. Om Parkash Law Point: Filing of false complaints and threatening the Husband amount to acts of cruelty. Wife used to leave the matrimonial home at her own will, which amounts to desertion. Decree of divorce granted to Husband. JUDGEMENT 1. This appeal has […]
Court: Madhya Pradesh High Court Bench: JUSTICE J.G. Chitre Prafulla Kumar Tongya Vs. Smt. Sarla On 18 November 1997 Law Point: Wife taken away marriage gifts. Proved by husband that respondent deserted him for continuous period of more than two years. Decree of divorce granted. JUDGEMENT 1. The appellant Prafulla Kumar is hereby assailing correctness, […]
Court: Uttarakhand High Court Bench: JUSTICE Rajesh Tandon Pramod Bijalwan Vs. Satendra Dutt On 6 July 2007 Law Point: Cruelty, Desertion — Both grounds proved by respondent — False allegation of adultery against husband or wife is mental cruelty and is ground for divorce — Vague allegations made to defame by petitioner amounts to cruelty […]
Court: Andhra Pradesh High Court Bench: JUSTICE D.S.R. Verma & G.V. Seethapathy B. Srinivasulu @ Srinivasachari Vs. Veena Kumari @ Lathasree On 2.7.2007 Law Point: Husband and Wife lived together for a period of 11 months and after desertion by wife disassociation of husband continuing since 1994 for about 13 years. This is absolutely sufficient […]
Court: Chhattisgarh High Court Bench: JUSTICE I.M. Quddusi & G. Minhajuddin Ashok Kumar Deshmukh Vs. Gayatri Decided on 11 April 2012 Law Point: Wife has an affair, lived with husband for only 18 days and then deserted him to live at maternal home. Divorce granted on ground of desertion. JUDGEMENT 1. This appeal has been […]