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: Andhra Pradesh High Court Bench: JUSTICE S.V. Maruthi & Elipe Dharma Rao Anagalla Padmalatha Vs. A. Sudershan Rao Decided on 12 November 1999 Law Point: Wife abandoned company of husband without reasonable cause and filed 498A and CrPC 125, Desertion Proved. Cruelty need not be proved to get decree of divorce if desertion is […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.B. Sakrikar Sudhakar Vs. Smt. Kalavati Decided on 04 May 2001 Law Point: Wife Left Her Matrimonial House on Her own Accord and Did Not Return to Her Husband In Spite of Efforts Made by Him. Reconciliation Not Possible : Decree of Divorce Granted. JUDGEMENT 1. The appellant […]
Court: Madhya Pradesh High Court Bench: JUSTICE P.P. Naolekar Usha Vs. Laxmi Narayan Nagaich Decided on 18 November 1992 Law Point: Wife left her place of residence and refused to come back — Petition filed on a later date, desertion proved. JUDGEMENT 1. The parties to the proceedings were married according to Hindu rites in […]
Court: Punjab and Haryana High Court Bench: JUSTICE Sham Sunder Jaswinder Kaur Vs. Harvinder Singh Decided on 28 November 2007 Law Point: Appellant wife deserted respondent husband for continuous period of 2 years immediately preceding filing of petition, without any sufficient cause, with intention to put an end to matrimonial ties permanently — Husband was […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Mamta Devi Vs. Dinesh Kumar Decided on 14 June 2012 Law Point: Wife has been withdrawing from the company of her husband without any justifiable cause — Animus deserendi proved. JUDGEMENT 1. This appeal has been preferred by the wife who was the respondent (before […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.C. Pandey Smt. Suman Singh Vs. Tulsi Ram Patel Decided on 1 February 1999 Law Point: Wife Wilfully Left Matrimonial Home After Eight Months of Her Marriage and Did Not Come Back — She was unable to prove that she deserted respondent on account of inhumanly treatment given […]
Court: Rajasthan High Court Bench: JUSTICE P.P. Naolekar & J.S. Sidhu Girraj Prasad Sharma Vs. Smt. Tara Mishra Decided on 30 July 1998 Law Point: Wife deserted husband continuously for two years or more immediately preceding filing of this petition — Husband entitled to divorce on this ground. JUDGEMENT 1. This will dispose of an […]
Court: Calcutta High Court Bench: JUSTICE Alok Kumar Basu & Jyotirmay Bhattacharya, Asoka Mitra Vs. Swapan Kumar Mitra Decided on 31 August 2007 Law Point: Wife left matrimonial home without consent and reasonable cause. Further, wife condoned wrong on part of husband, even if there be any — No justification in regard to ground of […]
Court: Supreme Court of India Bench: D.P. Mohapatra, Doraiswamy Raju Adhyatma Bhattar Alwar vs Adhyatma Bhattar Sri Devi on 6 November 2001 Law Point: Desertion- Held, the essential ingredients of, are (i) separation in fact and (ii) animus deserendi, the intention of bringing cohabitation permanently to an end by the deserting spouse, and on behalf […]
Court: High Court of Delhi Bench: JUSTICE KAILASH GAMBHIR Smt. Vimal Kanta vs Shri J.M. Kohli on 13 January, 2011 Mr. Rajat Navet, Adv. For the appellant. Mr.Geeta Luthra and Mr. Abhishek Aggarwal, Adv. For the respondent. Law Point: Divorce at 80 years after 16 years of case proceedings JUDGEMENT 1. The appellant at this old age of 80 years is before this […]