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
MADRAS HIGH COURT JUSTICE K Natarajan A.P. Ranga Rao vs Vijayalakshmi on 26 September, 1988 Law Point: Wife made suicide attempt as the Husband did not set up the separate house. She threatened husband on several occassions. Divorce granted to husband. JUDGEMENT 1. This second appeal is directed by the petitioner husband challenging the legality […]
BOMBAY HIGH COURT JUSTICE A.V. Savant Nirmala Manohar Jagesha Vs. Manohar Shivram Jagesha On 13 Dec 1990 Law Point: Wife making irresponsible, baseless and wild allegations of lack of manliness and impotency of the Husband — Whether would amount to mental cruelty ? – Yes. JUDGEMENT What is meant by the word “cruelty” in matrimonial […]
PUNJAB AND HARYANA HIGH COURT JUSTICE Dr. Sarojnei Saksena Rama Kanta Vs. Mohinder Laxmidas Bhandula On 7 Feb 1995 Law Point: Conduct of appellant in matrimonial home — Her threats and attempts to commit suicide — Act of lodging false complaint against her husband — Relations u/Secs. 498-A/34, I.P.C.Are incidents of appellant’s cruel behaviour towards […]
BOMBAY HIGH COURT JUSTICE V.M. Kanade & P.D. Kode Nitin Ramesh Dhiwar Vs. ROOPALI NITIN DHIWAR On 16 August 2012 Law Point: Filing of false criminal complaint itself amounts to cruelty within meaning of Section 13(1)(ia) of Act — Impugned judgment and order passed by Family Court quashed and set aside. JUDGEMENT Heard the learned […]
SUPREME COURT OF INDIA JUSTICE B.N. Agrawal, P.P. Naolekar & Dalveer Bhandari Samar Ghosh Vs. Jaya Ghosh On 26 March 2007 Law Point: She unilaterally declared her decision not to give birth to child for 2 years and appellant should not be inquisitive about her child and keep himself aloof as far as possible — […]
PUNJAB AND HARYANA HIGH COURT JUSTICE Dr. Sarojnei Saksena Rama Kanta Vs. Mohinder Laxmidas Bhandula On 7 February 1995 Law Point: Her threats and attempts to commit suicide — Act of lodging false complaint against her husband — Relations u/Secs. 498-A/34, I.P.C., resulting in acquittal — Are incidents of appellant’s cruel behaviour towards respondent — […]
SUPREME COURT OF INDIA JUSTICE Ruma Pal, Arijit Pasayat & C.K. Thakker A. Jayachandra Vs. Aneel Kaur On 2 December 2004 Law Point: Constant nagging on various aspects certainly amounted to causing indelible mental agony and amount to cruelty JUDGEMENT Leave granted. Parties to a marriage tying nuptial knot aro supposed to bring about the […]
DELHI HIGH COURT JUSTICE Pradeep Nandrajog, J. & Pratibha Rani Kamini Sondhi Vs. Kapil Sondhi On 9 September 2016 Law Point: Non-consummation of marriage — False complaints — Respondent went into depression and had to leave his job — Sufficient instances to dissolve their marriage on ground of cruelty. JUDGEMENT For the reasons stated in […]
ANDHRA PRADESH HIGH COURT JUSTICE S.V. Maruthi & E. Dharma Rao G. PADMINI Vs. G. SIVANANDA BABU On 11 November 1999 Law Point: Letter Written to Third Party About Impotency of Husband : Amounts to Mental Cruelty — Wife has written letter about impotency of her husband to brother-in-law — Brother-in-law is an outsider to […]
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 […]