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: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Shashi Kumar Vs. Neelam On 8 July 2010 Law Point: Husband was denied sexual access, subjected to abuse, locked out of his room, kicked out of bed, his mother was abused and respondent was not performing any household work — This stands established by evidence […]
Court: Bombay High Court Bench: JUSTICE R.D. Dhanuka Mangesh Balkrushna Bhoir Vs. Leena Mangesh Bhoir On 23 December 2015 Law Point: Cruelty — False complaint by wife — Arrest of Husband and his family members — Taking advantage of one’s own wrong — Respondent-wife filed false complaint alleging offence under Section 498A and other provisions […]
Court: Bombay High Court Bench: JUSTICE A.S. Oka & S.C. Gupta Mr. M. Vs. Mrs. M On 7 February 2014 Law Point: Cruelty — Desertion — Respondent-wife has not substantiated allegations of cruelty in her evidence — She could not substantiate allegations even in Criminal Court — Appellant and his family members were subjected to […]
Court: Bombay High Court Bench: JUSTICE A.M. Khanwilkar & R.Y. Ganoo Ramesh Laxman Sonawane Vs. Meenaxi Ramesh Sonawane On 14 October 2011 Law Point: Cruelty — Desertion — Dissolution of marriage — Appellant-husband proved that respondent wife treated him with cruelty — Unsubstantiated allegations levelled by respondent wife that husband is having illicit relations.— This […]
Court: Rajasthan High Court Bench: JUSTICE Amitava Roy, CJ. & Vijay Bishnoi Suresh Gurjar Vs. Usha Gurjar On 16 May 2014 Law Point: Section 13(1)(ia) — Cruelty — Dissolution of Marriage — Respondent wife was adament in her disinclination to discharge her marital obligations including cohabitation — Coupled with this is institution of criminal case […]
Court: Rajasthan High Court Bench: JUSTICE Shiv Kumar Sharma & Guman Singh Sushila Agrawal Vs. Ramesh Chandra Agrawal On 1.5.2007 Law Point: Cruelty — Dissolution of Marriage – Children of husband from earlier marriage had to be shifted to Jaipur on account of atrocious behaviour of wife — Wife found to have adopted double standard […]
Court: Madhya Pradesh High Court Bench: JUSTICE K.L. Shrivastava Usha Vs. Vimal Kumar On 5 January 1987 Law Point: Section 13(1)(ia) — Husband’s petition for divorce on wife’s cruelty — Wife asked to accompany husband and engaged herself in a scuffle with him and also slapped him — Altercation seen by witness — Her behaviour […]
Court: Madhya Pradesh High Court Bench: JUSTICE R.K. Verma Rajni Vs. Shantilal On 28 October 1991 Law Point: Section 13 — Cruelty — Husbands petition for divorce — Ground — Cruelty — Marriage took place in 1976 — Wife living with the husband only two or three times — Tried to commit suicide — Wife […]
Court: Delhi High Court Bench: JUSTICE N.N. Goswamy Darshna Kumari Alias Worsely Vs. Inder Kumar Arora On 26 August 1982 Law Point: Section 13(1)(ia) — Divorce granted to husband on account of wife’s cruelty — Wife filing criminal complaints against husband and his parents. Beating to husband by wife and her brothers. Aforesaid acts of […]
Court: Bombay High Court Bench: JUSTICES K.K. Tated & Sarang V. Kotwal Shantaram Tukaram Sarfare Vs. Sandhya Shantaram Sarfare On 12 January 2018 Law Point: Cruelty — Sufficient cause — Grant of divorce — Unreasonable criminal proceedings initiated by respondent-wife — Appellant-husband suffered tremendous mental agony — Not possible for him to cohabit with respondent-wife […]