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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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Divorce

Madhu Kuksal Vs. Anup Kuksal

Court: Uttaranchal High Court Bench: JUSTICE P.C. Verma & Prafulla C. Pant Madhu Kuksal Vs. Anup Kuksal On 7 July 2005 Law Point: Husband successfully proved he was treated with cruelty by his wife, by her acts of hurling abuses at him and beating members of his family : Alleged acts of violence on part […]

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Jagwati Vs. Gajender Kumar

Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog, Pratibha Rani Jagwati Vs. Gajender Kumar On 1 September 2016 Law Point: Mental Cruelty — Desertion — Restitution of Conjugal Rights — Cruelty committed on respondent-husband and his family by appellant-wife — Animus deserendi proved by respondent-husband to seek divorce on ground of desertion — Appellant-wife is […]

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Narendra Kumar Gupta Vs. Mrs. Mamta Gupta

Court: Madhya Pradesh High Court Bench: JUSTICE A.K. Awasthy Narendra Kumar Gupta Vs. Mrs. Mamta Gupta On 16 April 2003 Law Point: Cruelty, Adultery : Wife made scandalous statement against appellant/husband about his illicit relation with his elder brother’s wife : Trial Court wrongly held that allegations made by respondent/wife in her written statement and […]

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Adulterer Must be Party in Divorce on Grounds of Adultery Petition

Madhya Pradesh High Court JUSTICE Alok Aradhe Jaideep Shah Vs. Rashmi Shah On 18 April 2011 Law Point: Adultery — Addition of party — In a petition seeking dissolution of marriage on ground of adultery, the date and place of the adultery and the name and address of the person with whom the adultery was […]

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Marriage Annulled on Bigamy; length of Second Marriage Inconsequential

Punjab and Haryana High Court JUSTICES S.S. Saron & Navita Singh Harkanwalpreet Singh Vs. Harshpreet Kaur On 17 January 2014 Law Point: Respondent had spouse living at the time of her marriage with appellant — Contravention of Section 5(i) of Act — Merely because they have been married for considerable time, no ground for pardoning […]

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Rajender Kumar Vs. Nandini & Anr.

Court: Delhi High Court Bench: JUSTICE Pratibha Rani & Pradeep Nandrajog Rajender Kumar Vs. Nandini & Anr. On 21 October 2016 Law Point: Mental Cruelty — Illicit relationship — Threat to commit suicide — Appellant-husband suggested divorce by mutual consent in the backdrop of respondent-wife’s illicit relationship, but she preferred not to even respond to […]

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Jagraj Singh Vs. Birpal Kaur

Court: Supreme Court of India Bench: JUSTICE C.K. Thakker & Lokeshwar Singh Panta Jagraj Singh Vs. Birpal Kaur On 13 February 2007 Law Point: Once Court holds it has no jurisdiction in matter, it should not consider merits of matter — Though issue of jurisdiction of Court decided against wife, without following procedure under Section […]

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Satyawan Vs. Rekha

Court: Punjab and Haryana High Court Bench: JUSTICE J.B. Garg Satyawan Vs. Rekha On 30 May 2016 Law Point: Lodging false criminal case — Contracting second marriage — Respondent-wife lodged false criminal case against appellant-husband and his family — No material to frame charges against appellant and his family members — They were acquitted — […]

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Santosh Vs. Hori Lal

Court: Delhi High Court Bench: JUSTICE Hima Kohli & Deepa Sharma Santosh Vs. Hori Lal On 4 August 2017 Law Point: Appellant wife failed to substantiate allegations leveled against respondent-husband even on yardstick of preponderance of evidence — Allegations of such a nature that would have lowered image of respondent in eyes of his superiors, […]

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Annulment under 12(1)(c) is attracted only if consent is obtained by fraud or force

Andhra Pradesh High Court L. Narasimha Reddy & M.S.K. Jaiswal S. Mahender Vs. Shalini On 2 January 2014 Law Point: Section 12(1)(c) gets attracted only when consent obtained by fraud or through force — Respondent has not made out case under Section 12(1)(c) of Act. JUDGEMENT 1. The appellant is the husband of the respondent. […]

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