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: RAJASTHAN HIGH COURT Bench: JUSTICE Ajay Rastogi, J. & Mr. Ashok Kumar Gaur Geeta Vs. Raghuveer Singh On 17 July 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Extra marital relations — No reliable evidence — No foundation — Wife alleges illicit relation against husband with her […]
Court:BOMBAY HIGH COURT Bench: JUSTICE T.V. Nalawade, J. & S.M. Gavhane Rakesh Vs. Vaishali On 13 October 2017 Law Point: Hindu Marriage Act, 1955 — Sections 9, 13(1)(ia), 13(1)(ib), 13(1)(iii) — Restitution of conjugal rights — Cruelty — Desertion — Mental illness — Unsound mind — Grant of divorce — Respondent-wife alleged to be […]
Court: JHARKHAND HIGH COURT Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Ajay Narayan Das Vs. Asha Devi On 2 February 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Implicating family of husband in criminal case knowingly amounts to cruelty — With a view to put pressure upon […]
Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICES JUSTICE AJAY KUMAR MITTAL AND SNEH PRASHAR Anita Rani vs Suresh Kumar On 26 February 2015 Law Point: Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. Divorce granted by the court. JUDGEMENT […]
Court: GAUHATI HIGH COURT Bench: JUSTICE Arup Kumar Goswami Priyanka Das Bora Vs. Diganta Bora On 13 May 1994 Law Point: Civil Procedure Code, 1908 — Section 24 — Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Transfer of matrimonial case — No case made out by petitioner-wife — Petitioner is working as […]
Court: Chhattisgarh High Court Bench: JUSTICE Prashant Kumar Mishra, J. & Arvind Singh Chandel Prabir Kumar Das Vs. Papiya Das On 29 January 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Guardians and Wards Act, 1890 — Section 9 — Civil Procedure Code, 1908 — Order 41 Rule 27 — Cruelty — […]
Court: Rajasthan High Court Bench: JUSTICE Pradeep Nandrajog, CJ. & Vinit Kumar Mathur Pooja @ Sajna Vs. Durga Prasad On 10 April 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Cruelty Desertion Respondent-husband duly proved mental cruelty as also desertion without reasonable cause. Direct conflict in testimony of appellant-wife and her father concerning […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & Ratnaker Bhengra Meenu Devi Vs. Amit Kumar On 12 March 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Mental Cruelty Desertion – False implication in criminal case amounts to cruelty Absence of physical relationship for more than 7 years between parties. It […]
Court: Uttarakhand High Court Bench: JUSTICE Rajiv Sharma, J. & Sharad Kumar Sharma Satya Prakash Dhyani Vs. Pinki Devi Dhyani On 8 September 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Illicit relationship and physical involvement of respondent-wife — Allegation by appellant-husband against respondent-wife is not a trifle issue […]