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: Supreme Court of India Bench: JUSTICE V.N. Khare, CJI., S.B. Sinha & Dr. A.R. Lakshmanan Sharda Vs. Dharmpal On 28 March 2003 Law Point: Power of Court to direct medical examination of party to matrimonial litigation not violative of Article 21 of Constitution : Court should exercise such power if applicant has strong prima […]
Court: Himachal Pradesh High Court Bench: JUSTICE Rajesh Sharma Pushpa Devi Vs. Om Parkash Law Point: Filing of false complaints and threatening the Husband amount to acts of cruelty. Wife used to leave the matrimonial home at her own will, which amounts to desertion. Decree of divorce granted to Husband. JUDGEMENT 1. This appeal has […]
Punjab & Haryana High Court JUSTICES S.S. Saron & Navita Singh Shikha Vs. Jasvinder Singh & Anr. On 8 July 2014 Law Point: The charge can be established by circumstantial evidence — It is not always possible that witnesses would see one of the spouses with paramour in objectionable posture to prove charge of adultery. […]
Allahabad High Court JUSTICE Pramod Kumar Srivastava Smt. Sulekha vs Ashok Kumar On 14 March 2016 Law Point: Annulment of marriage on the grounds of impotency of wife and fraud. JUDGEMENT 1. Heard learned counsel for the parties on admission of second appeal and perused the records. 2. Matrimonial Petition No. 3077/2010, Ashok Kumar v. […]
Court: Madras High Court Bench: JUSTICE R.S. Ramanathan K. Vembadurai Vs. Padmavathy On 1 March 2011 Law Point: Divorce can be granted where marriage is totally unworkable, emotionally dead beyond salvage and broken down irretrievably, even if facts of case do not provide ground in law. Both Husband and Wife living separately for more than […]
Court: Himachal Pradesh High Court Bench: JUSTICE Deepak Gupta Kewal Kumar Vs. Pawna Devi On 30 December 2010 Law Point: Dissolution of marriage by mutual consent according to customary law — Under Section 29(2) of Hindu Marriage Act, divorce by custom is saved — Under ancient Hindu Law there was no right of divorce but […]
Court: Madhya Pradesh High Court Bench: JUSTICE J.G. Chitre Prafulla Kumar Tongya Vs. Smt. Sarla On 18 November 1997 Law Point: Wife taken away marriage gifts. Proved by husband that respondent deserted him for continuous period of more than two years. Decree of divorce granted. JUDGEMENT 1. The appellant Prafulla Kumar is hereby assailing correctness, […]
Court: Gauhati High Court Bench: JUSTICE Amitava Roy Paul Tushar Biswas Vs. Addl. Dist. Judge, East Khasi Hills District & Anr. On 21 November 2005 Law Point: No logic or rationale in permitting parallel proceedings before Court. Illogical to continue proceedings. JUDGEMENT 1. The matrimonial alliance between the parties though conclusively determined […]
Court: Uttarakhand High Court Bench: JUSTICE Rajesh Tandon Pramod Bijalwan Vs. Satendra Dutt On 6 July 2007 Law Point: Cruelty, Desertion — Both grounds proved by respondent — False allegation of adultery against husband or wife is mental cruelty and is ground for divorce — Vague allegations made to defame by petitioner amounts to cruelty […]
Court: Supreme Court of India Bench: JUSTICES D.P. Mohapatra & Brijesh Kumar Vikas Aggarwal vs Anubha on 12 April 2002 Law Point: Divorce petition in H.C. on original side. Direction to appear- Non Appearance-Defence rightly struck off. JUDGEMENT Leave granted. Heard learned counsel for the parties. This appeal has been preferred against […]