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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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Divorce

Arrest of Husband on a Complaint of Wife – Mental Cruelty

Patna High Court Shiva Kirti Singh, J. and Hemant Kumar Srivastava, J. Anil Kumar vs Smt. Sita Devi on 12 August, 2010 Mr Jitendra Kishore Verma, Adv. For the appellant. M/s Anil Kumar, Smt. Annapurna Gupta and Govind Pd. Sinha For the respondent. Law Point: Arrest of Husband on a complaint of wife, reason for Irretrievable broken down marriage JUDGEMENT 5 […]

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Rakesh Harsukhbhai Parekh Vs. State Of Maharashtra

Court: Bombay High Court Writ Petition No.1381 of 2010 Bench: R. S. Dalvi Rakesh Harsukhbhai Parekh vs State Of Mah on 23 February, 2010 Mr.Uday Prakash Warunjikar i/by Mr.Pravartak Pathak with Mr.Hitesh Bhutekar For the appellant. Mr.S.N. Bhosale, AGP For the respondent. Law Point: 6 months waiver in Mutual Divorce u/s Section 13(B)(2) HMA     JUDGEMENT 1.Rule, returnable forthwith. 2.The […]

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Proof of Impotency of Husband Required for Annulment Beyond Allegations

Gujarat High Court MR.JUSTICE JAYANT PATEL and SMT. JUSTICE ABHILASHA KUMARI RATILAL DALAL vs DHARMISTHABEN on 09/08/2010 Law Point: Need Proofs of Impotency of Husband to grant annulment u/s 12 HMA, other than ipse dixit allegations of wife JUDGEMENT 1. The present appeal is directed against judgment and decree dated 26-8-2009 passed by the Family Court No.3, […]

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Grounds for Divorce for NRI in Foreign Land

SUPREME COURT OF INDIA Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451 Sawant, P.B. Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991 Law Point: Conditions for validity of Foreign Divorce Decree (NRI). Decree on a ground unavailable under Indian Law is not enforceable in India. ACT: […]

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Manpreet Singh Talwar Vs. Sukhwinder Kaur Talwar

Court: HIGH COURT OF DELHI Bench: JUSTICE ARUNA SURESH Manpreet Singh Talwar vs Sukhwinder Kaur Talwar on 7 May, 2010 Mr. Rajiv Kataria, Adv. For the appellant. Nemo. For the respondent. Law Point: Irretrievable breakdown of marriage u/s 13B HMA JUDGEMENT ARUNA SURESH, J. (Oral) CM (M) 622/2010 and CM APPL Nos.8583-85/2010 1. Petitioner has filed this petition invoking the powers of this […]

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Subhash Chander Sharma Vs. Anjali Sharma

Court: HIGH COURT OF DELHI Bench: JUSTICE KAILASH GAMBHIR Subhash Chander Sharma vs Anjali Sharma on 14 July, 2010 Mr. Rajiv Dewan, Adv. For the appellant. None For the respondent. Law Point: IRBM explained, not granted JUDGEMENT 1. By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant seeks to challenge the impugned judgment and decree dated 12.05.2003 […]

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Ms. Kashmira Kale Vs. Mr. Kishorekumar Mohan Kale

Court: HIGH COURT OF JUDICATURE AT BOMBAY Bench: R. S. Dalvi Ms.Kashmira Kale vs Mr.Kishorekumar Mohan Kale on 4 March, 2010 Ms.Kokila Kalra with Mr.Abhijit Sarawate, Adv. For the appellant. Mr.Sanjiv A. Sawant, Adv. For the respondent. Law Point: HMA not applicable on NRI domiciled in foreign state. Jurisdiction cannot be made out basis one night stay in Pune/India. JUDGEMENT Rule, returnable This […]

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Poonam Vs. Sumit Tanwar

Court: Supreme Court of India Bench: Aftab Alam, B.S. Chauhan Poonam vs Sumit Tanwar on 22 March, 2010 Law Point: Advocate on Record is not only responsible for lending name but also for ensuring the conduct of case JUDGEMENT 1. This Writ Petition has been filed under Article 32 of the Constitution of India for awarding the […]

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Termination of Pregnancy Without Consent of Husband is Cruelty

Supreme Court of India C.K. Thakker, D.K. Jain Suman Kapur vs Sudhir Kapur on 7 November, 2008 Law Point: Mental Cruelty Defined, termination of pregnancy, calling parents Ghosts is mental cruelty towards husband. JUDGEMENT Leave The present appeal is filed by the appellant-wife being aggrieved and dissatisfied with the decree of divorce dated August 07, […]

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Mukesh Ashok Gundecha & Anr. Vs. Govt. Of Nct Of Delhi

Court: HIGH COURT OF DELHI Bench: MS. JUSTICE ARUNA SURESH Mukesh Ashok Gundecha & Anr. vs Govt. Of Nct Of Delhi on 7 January, 2010 Law Point: 6 months waiver in Mutual Divorce u/s Section 13(B)(2) HMA JUDGEMENT 1. Impugned in this petition is the order of the Additional District Judge, North-West dated 05.12.2009 whereby the […]

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