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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

Wife Can Not Seek Divorce her Own Misdeeds

SUPREME COURT OF INDIA B. Sudershan Reddy, Aftab Alam Neelam Kumar vs Dayarani on 6 July, 2010 Law Point: No Divorce for own misdeeds. JUDGEMENT This appeal, by the husband, is filed against the judgment and order dated September 14, 2005 passed by the Madhya Pradesh High Court (at Jabalpur) in F.A.O. 462 of 2003. […]

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Bombay High Court Defines Desertion and Cruelty for Divorce

HIGH COURT OF JUDICATURE AT BOMBAY Equivalent citations: FAMILY COURT APPEAL NO. 148 OF 2004 FAMILY COURT APPEAL NO. 98 OF 2006. CIVIL APPLICATION NO. 291 OF 2007. A.P.DESHPANDE and SMT.R.P. SONDURBALDOTA Smt.Kalpana Bharat Ruparel vs Bharat Ratanshi Ruparel on 31-01-2005 Mr.K.M.Savla i/by Mr.Manish P. Jogani, Adv. For the appellant. Smt.B.P.Jakhadi, Adv. For the respondent. Law Point: Dissolution of the marriage on the […]

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Transfer petition decided in favor of husband

ANDHRA HIGH COURT HONOURABLE SRI JUSTICE V.V.S. RAO Mrs. Snehalatha vs Dr. S. Ramakrishna Reddy on 5 October 2001 Law Point: Transfer petition decided in favor of husband JUDGEMENT The petitioner invoked the jurisdiction of this Court under Section 24 of the Code of Civil Procedure, 1908 (‘CPC’ for brevity). She prays this Court to […]

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Involving Married Sisters of Husband in Police Complaint is Cruelty

MADHYA PRADESH HIGH COURT D Dharmadhikari Smt. Kanta Sachdev vs Devidas on 5/3/1998 Law Point: False cases and Involving Married Sisters of Husband in Police Complaint amount in cruelty leads to Divorce JUDGEMENT This appeal preferred by the wife under Section 28 of the Hindu Marriage Act, 1955 (for short ‘the Act’) against grant of […]

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Wife getting Husband Arrested is Mental Cruelty Entitling him to Divorce

PUNJAB AND HARYANA HIGH COURT V.M. Jain Bhupinder Kumar vs Smt. Versha Rani on 6/10/2004 Law Point: Wife got the petitioner arrested in the proceedings under Section 107/151 Cr.P.C. caused mental cruelty to the husband. Husband entitled to divorce JUDGEMENT This appeal has been filed by the husband against the judgment and decree dated 6.1.1995 […]

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Scratching Face, Beating Children, Filing Cases Cruelty fit for Divorce

Court: Kerala High Court Bench: Sreedevi, J. P.K. Vijayappan Nair vs J. Ammini Amma on 30 January 1997 Law Point: Filling Many Cases; Beating Children, Scratching Face etc Lead to Divorce. JUDGEMENT This appeal is filed against the decree and judgment in H.M.O.P. No. 85 of 1985 on the file of the Sub Court, Ernakulam. […]

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Non-Consummation of Marriage is not same as Impotency u/s 12 of HMA

SUPREME COURT OF INDIA Bench: VAIDYIALINGAM, C.A., SHAH, J.C. YUVRAJ DIGVIJAY SINGH vs YUVRANI PRATAP KUMARI on 02/05/1969 Law Point: Non-Consumation of marriage cannot be equated to Impotency u/s 12 of Hindu Marriage Act Equivalent citations: 1970 AIR 137, 1970 SCR (1) 559 ACT: Hindu Marriage Act 1955 (Act 25 of 1955), s. 12-Conditions for divorce on grounds of […]

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Supreme Court Defines what is Cruelty in Matrimonial Life fit for Divorce

SUPREME COURT OF INDIA Appeal (civil) 877 of 2007 Bench: A Pasayat, D Bhandari Smt. Mayadevi vs Jagdish Prasad on 21/02/2007 Law Point: Cruelty in matrimonial life may be of unfounded variety, may be words, gestures or by mere silence, violent or non-violent JUDGEMENT (Arising out of SLP (C) NO. 3686 OF 2006) Leave granted. […]

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Constant Denial of Sex is Mental Cruelty Fit for Divorce

MADRAS HIGH COURT C.M.A.No.1905 of 2002 HON’BLE MR. JUSTICE P.D.DINAKARAN and THE HON’BLE MR.JUSTICE P.P.S.JANARTHANA RAJA P.Devaraj vs V.Geetha on 26/07/2006 Mr.K.Kalyanasundaram, Adv. For the appellant. Mr.A.S.Vijayaraghavan, Adv. For the respondent. Law Point: Constant Denial of Sex in Marriage is Mental Cruelty and Decree of Divorce can be granted for the same. JUDGEMENT As the dispute between the parties is very narrow, the […]

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MP HC Defines Cruelty and Desertion defined as grounds for Divorce

Madhya Pradesh High Court Equivalent citations: AIR 2003 MP 271 Bench: S Khare Johnson M. Joseph Alias Shajoo vs Smt. Aneeta Jhonson on 28 February 2003 Law Point: Cruelty and Desertion defined as grounds for Divorce. JUDGEMENT This is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869 (hereinafter to […]

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