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 & Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena Rama Kanta Vs. Mohinder Laxmidas Bhandula On 7 February 1995 Law Point: Hindu Marriage Act, 1955 — Sec. 13(1)(ia) — Cruelty — Meaning of Cruelty — Conduct of appellant in matrimonial home — Her threats and attempts to commit suicide — Act of lodging […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Smt. Kavita vs Shri Rakesh Raman on 8 April 2011 Law Point: While adjudicating matrimonial cases, courts to be cautious and conscious of fact that the holy bond of matrimony involves delicate human emotions and complex situations and often there gets created a chasm which if fortified […]
Court: Delhi High Court Bench: JUSTICE O.P. Dwivedi Pinki Jain Vs. Sanjay Jain On 31 January 2005 Law Point: Act of Wife in filing false complaint case and getting her Husband and other in-laws arrested clearly amounts to cruelty. Decree of divorce passed. JUDGEMENT 1. This appeal is directed against the order dated 24.12.99 passed […]
Court: Supreme Court Of India Bench: JUSTICES D.P. Mohapatra & U.C. Banerjee R. Lakshmi Narayan Vs. Santhi On 1 May 2001 Law Point: One of the parties incapable of giving consent. Marriage null and void. JUDGEMENT 1. On analysis of the case of the parties and the contentions raised by learned Counsel […]
Court: Delhi High Court Bench: JUSTICE Veena Birbal Kailash Juneja Vs. Preeti Juneja On 25 April 2012 Law Point: Husband has the right to cross examine Wife. JUDGEMENT 1. The petitioner/husband has filed a divorce petition against the respondent/wife which is listed for final arguments before the learned Trial Court. A challenge […]
Court: Bombay High Court Bench: JUSTICE A.D. Mane & R.G. Deshpande Dagadu Shankar Todmal Vs. State Of Maharashtra On 28/29.7.1997 Law Point: Altercation or conflict between husband and wife does not amount to “cruelty” and cannot attract provisions of Section 498A. Conviction cannot be based on sentimental approach. JUDGEMENT 1. This appeal is filed by […]
Court: Allahabad High Court Bench: JUSTICES Prakash Krishna & Arvind Kumar Tripathi Arti Pandey Vs. Vishnu Kant Tiwari On 12 September 2012 Law Point: Appellant-wife has treated respondent with mental cruelty and permanently deserted respondent-husband in terms of Section 13(1)(ia), (ib) of Act. Lodging of FIR and spate of complaints with all sorts of allegations […]
Court: Delhi High Court Bench: JUSTICE Mahinder Narain Sushil Kumar Verma Vs. Usha 12.2.1986 Law Point: Wife got the pregnancy terminated without the consent of the Husband and thus caused mental cruelty to him. termination of pregnancy without the consent of the husband amounts to cruelty. JUDGEMENT 1. This is a husband’s appeal against the […]
Kerala High Court JUSTICE K.M. Joseph & M.L. Joseph Francis Mukundan Naveen Vs. XXXXXXX Dinesh Decided on 28 June 2011 Law Point: Matrimonial dispute can be instituted by party through duly constituted power of attorney holder — Rules made by High Court will prevail over any other rules to the contrary — Permitting the petitioner […]
Court: Andhra Pradesh High Court Bench: JUSTICE D.S.R. Verma & G.V. Seethapathy B. Srinivasulu @ Srinivasachari Vs. Veena Kumari @ Lathasree On 2.7.2007 Law Point: Husband and Wife lived together for a period of 11 months and after desertion by wife disassociation of husband continuing since 1994 for about 13 years. This is absolutely sufficient […]