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: Punjab And Haryana High Court Bench: JUSTICE J.V. Gupta Manorma Vs. Karan Singh On 10 January 1983 Law Point: Section 13(1)(ia) — Husband’s petition for divorce on ground of wife’s cruelty — Husband proving continuous contempt, disrespect and misbehaviour of wife towards him and his family members causing mental agony — Wife even not […]
Court: Calcutta High Court Bench: JUSTICE Dilip Kumar Seth & Subhro Kamal Mukherjee Smt. Kakali Das Vs. Dr. Asish Kumar Das On 11 February 2004 Law Point: Cruelty: Mental Cruelty: Wife asserted husband had illicit relationship with many women: It was for wife to prove such allegations: It was not for husband to prove allegations […]
Court: Madras High Court Bench: JUSTICE P. Sathasivam & A.K. Rajan S. Indrakumari Vs. S. Subbaiah On 13 May 1994 Law Point: Section 13(1)(ia) — Cruelty : Wilful denial of sexual relationship by spouse, when other spouse anxious for it, would amount to mental cruelty : Family Court rightly granted decree of divorce. JUDGEMENT 1. […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele & Anurag Shrivastava Neelima Vs. Dhiraj Singh On 13 December 2017 Law Point: Mental Cruelty — Wife lodged complaint under Section 498A, IPC against husband and his family members — They were arrested and subsequently acquitted — Conduct of wife amounts to mental cruelty against husband. […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele, J. & Anurag Shrivatava Vijay Vathvi Vs. Chhaya Vathvi On 14 February 2018 Law Point: Mental Cruelty — Wife left matrimonial home without any cause — Non-compliance of compromise under Section 9 of HMA — Mental cruelty with appellant-husband as not performing marriage obligation — Appellant-husband […]
Court: Allahabad High Court Bench: JUSTICE Suneet Kumar Sanjeev Kumar Singh Vs. Poonam Singh On 13 October 2017 Law Point: Mental Cruelty — Malicious and damaging letters — Adultery not proved — Humiliating words in complaint — Parties living separately for past 14 years — Marriage broken down irretrievably — Criminal cases lodged by respondent-wife […]
Court: Jharkhand High Court Bench: JUSTICES Aparesh Kumar Singh, B.B. Mangalmurti Sujoy Ghosh Dastidar Vs. Dayita Ghosh Dastidar On 18 December 2017 Law Point: Cruelty — Desertion – Continuous desertion on part of respondent-wife is reflective of her indifference or total departure from normal standard of conjugal relationship — Appellant-husband is compelled to live with […]
Court: Madras High Court Bench: JUSTICE M. Govindaraj G. Kesavan Vs. P. Visalakshi On 2 February 2018 Law Point: Section 13(1)(ia) — Mental Cruelty — Denial of conjugal relationship and insistence for setting up separate home will amount to cruelty to husband — No strong reason adduced by respondent/wife to establish harassment or torture by […]
Court: Orissa High Court Bench: JUSTICE Dr. A.K. Rath Prasanta Kumar Mishra Vs. Suryamani Mishra On 11 August 2017 Law Point: Section 13 (1)(ia) — Cruelty — Five months after marriage respondent-wife insisted husband for staying separate — When husband refused, she threatened to commit suicide — Even attempted to commit suicide — Confession of […]
Court: Andhra Pradesh High Court Bench: JUSTICE V. Ramasubramanian & N. Balayogi Soma Ramchandram Vs. Soma Anitha & Anr. On 22 June 2017 Law Point: Cruelty — Illicit intimacy — Allegedly first respondent was living in adultery with second respondent — They have a child also — As per DNA Test, appellant-husband has been held […]