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: Madhya Pradesh High Court Bench: JUSTICE N.P. Singh Smt. Chandan Agarwal Vs. Mukesh Kumar Agarwal On 18 January 1996 Law Point: Lodging of false criminal report by wife against her husband & his family — Leading to arrest of husband & harassment of his family — Refusal by wife to fulfill sexual desire of […]
Court: Punjab and Haryana High Court Bench: JUSTICES S.S. Sandhawalia, CJ. & S.C. Mittal Krishna Rani Vs. Chuni Lal Gulati On 21 August 1981 Law Point: Question of condonation of the cruelty of wife by husband — Husband specifying Acts of cruelty — Wife neither specifying which of the various acts of cruelty was condoned […]
Court: Delhi High Court Bench: JUSTICES A.B. Rohtagi and Gian Chand Jain Kamini Gupta Vs. Mukesh Kumar Gupta On 22 November 1984 Law Point: Charges of immorality levelled by wife against husband were reckless and entirely baseless. Further, wife’s own evidence before Court led credence to husband’s case that wife insulted and humiliated him by […]
Court: Delhi High Court Bench: JUSTICE Mahinder Narain Savitri Balchandani Vs. Mulchand Balchandani On 14 February 1986 Law Point: Section 13(1)(ib) — Wife’s desertion since 28.9.79 — Wife leaving matrimonial home as her own — Allegation that she was driven out not believable — Whether husband is also entitled to decree of divorce on ground […]
Court: Gauhati High Court Bench: JUSTICE J.N. Sarma Monika Hom Roy Vs. Smaran Roy On 5 June 2000 Law Point: Wife neither having any tolerant attitude nor ready to make even a small sacrifice. Misbehavior of wife at public places and resiling from settlement. Cruelty of wife established. JUDGEMENT 1. This appeal has been filed […]
Court: Delhi High Court Bench: JUSTICE Leila Seth Urmila Devi Vs. Devinder Kumar Parcha On 8 December 1982 Law Point: Husband’s petition for dissolution of Marriage owing to wife’s cruelty — Wife asking husband to live separately due to ill-treatment of her mother-in-law — Wife writing letters to husband threatening him to insult in his […]
Court: Delhi High Court Bench: JUSTICES M. Jagannadha Rao, C.J. & Dalveer Bhandari Alka Vs. Dr. R.k. Gautam On 1 March 1996 Law Point: Indifferent behaviour with the husband and his relations––Trying to jump from balcony on the event of marriage in family––Not permitting normal sex to respondent—Indifference to the ailing father-in-law––Cruelty. JUDGEMENT 1. This […]
Court: Delhi High Court Bench: JUSTICE J.B. Garg S. Ravindra Bhat & Najmi Waziri Law Point: Divorce — Cruelty by wife — Allegation of illicit relationship with his sister-in-law and niece of respondent itself constitutes cruelty — Respondent was subjected to cruelty after settlement agreement and it continued till impugned judgment was passed — Decree […]
Court: Himachal Pradesh High Court Bench: JUSTICE R.L. Khurana & M.R. Verma Meenakshi Mehta Vs. Major Atul Mehta On 16 July 1999 Law Point: Cruelty : Legal : False Allegations of Harassment, Physical Assault, Not Providing Maintenance : Amounts to Cruelty — Allegations made by Wife against Husband in application are unfounded, baseless and false […]
Court: Gauhati High Court Bench: JUSTICE B.P. Katakey, P.K. Saikia Smt. Bichitra Bharali Kalita Vs. Dipak Chandra Kalita on 12 March 2014 Law Point: Wife lodged false criminal proceeding and threatened to commit suicide. Levelling such serious allegations, in absence of any proof thereof, itself amounts to cruelty. Divorce granted on the ground of cruelty. […]