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

Filing False Criminal Complaint is Matrimonial Cruelty Fit for Divorce

SUPREME COURT OF INDIA CIVIL APPEAL No. 1213 OF 2006 K.SRINIVAS vs K. SUNITA Law Point: Filing a False Criminal Complaint by Either Spouse Would Constitute Matrimonial Cruelty and Entitle the Other Spouse to Claim a Divorce JUDGEMENT VIKRAMAJIT SEN,J. 1. In this Appeal, counsel for the Appellant has sought to draw our attention to […]

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Marriage Annulled for Concealment of Age and Medical History by Wife

Punjab and Haryana High Court Som Dutt vs Raj Kumari on 7 October, 1985 Bench: S Sodhi Equivalent citations: AIR 1986 P H 191 Law Point: Concealment of wife’s age and medical history JUDGMENT 1. A short stay together and long continuing litigation thereafter is what marks the marriage here. It was a marriage conceived […]

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Madhya Pradesh High Court Defines Desertion and How to Prove it

Madhya Pradesh High Court Satish Kumar vs Shashi Prabha on 12 November, 1992 Bench: D Dharamadhikari Equivalent citations: II (1994) DMC 406 Law Point: Test of resonableness – Desertion, Conduct of Wife JUDGMENT D.M. Dharamadhikari, J. 1. This appeal has been filed by the husband against the order dated 23-1-1991 of the Trial Court refusing […]

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Misrepresentation in Matrimonial Advertisement Annulment Granted

Punjab-Haryana High Court Sh. Brijinder Bir Singh vs Mst. Vinod Alias Parminder on 6 May, 1994 Bench: N Sodhi Equivalent citations: AIR 1995 P H 42, I (1995) DMC 334 Law Point: Misrepresentation in matrimonial advertisement JUDGMENT 1. This first appeal is directed against the judgment and decree dated August 23, 1991 passed by the […]

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Father taking care of children. Wife deserted husband. Divorce granted to Husband.

Court:MADRAS HIGH COURT Bench: JUSTICE M.M. Sundresh & Krishnan Ramasamy JAYANTHI Vs. SARAVANAN Law Point: Both children of parties stated that only appellant-mother deserted respondent-father and only father is taking care of them — Though appellant filed petition for restitution of conjugal rights and same was dismissed — Appellant filed appeal only against order, granting […]

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Birth of Child while Living Seperately proves Adultery

CHHATTISGARH HIGH COURT JUSTICE Rajendra Chandra Singh Samant Anandram Vs. Laxmibai On 5 September 2017 Law Point: Adultery — Birth of child while living separately proves Adultery— Respondent-wife alleged to have physical relationship with number of other persons Also non-explanation by respondent-wife as to why she never made any effort to go back to her […]

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Suspension of Husband owing to False Complaint of Wife is Cruelty

MADHYA PRADESH HIGH COURT JUSTICE S.K. Gangele, J. & Akhil Kumar Shrivastava BALIRAM Vs. SUMITRA On 18 July 2018 Law Point: He was suspended and subjected to departmental inquiry – Husband entitled for decree of divorce. JUDGEMENT Appellant has filed this appeal against the judgment dated 6.1.2007 passed in Civil Suit No. 21-A/2006. By the […]

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Wife Staying with Mother; Not Ready to Join Husband – Desertion Proved

MADRAS HIGH COURT JUSTICE M.M. Sundresh, J. & N. Seshasayee N. Premalatha Vs. P. M. Murali On 15 September 2017 Law Point: Appellant wife is staying with her mother and not keen to join her husband — Statutorily speaking she deserted her husband without any justifiable reasons — Other reasons from husband’s impotency to cruelty […]

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Wife has no desire to live with Husband Beyond Statutory Period; Desertion Proved

CHHATTISGARH HIGH COURT JUSTICE Prashant Kumar Mishra, J. & Arvind Singh Chandel Som Kumar Bahidar Vs. Jyoti On 13 September 2017 Law Point: Wife has no desire to live with husband and statutory period of more than 2 years is over — Appellant entitled to divorce under Section 13(1)(ib) of Act. JUDGEMENT This is husband’s […]

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Wife Quarrelsome – Husband Entitled to Divorce because of her Conduct

RAJASTHAN HIGH COURT JUSTICE Ajay Rastogi, J. & Deepak Maheshwari Anita Dharam Vs. Vinod Kumar On 14 December 2017 Law Point: Conduct and behaviour of wife was quarrelsome — Wife committed cruelty to her husband — Husband is entitled for getting a decree of dissolution of marriage. JUDGEMENT The instant appeal is directed against the […]

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