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: Allahabad High Court Bench: JUSTICE Vijay Lakshmi Sanjeev Kumar Agarwal Vs. Rashmi Agarwal & Anr. On 9 May 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 22 — Criminal Procedure Code, 1973 — Section 125 — Domestic Violence — Compensation orders — Justification — Wife had not moved […]
Court: Madhya Pradesh High Court
Bench: JUSTICE N.K. Gupta
Mamta Bai & Anr. Vs. Manoj Kumar Rai & Anr. On 8 January 2014
Law Point:
Protection of Women from Domestic Violence Act, 2005 — Section 12 — Grant of maintenance and return of Stridhan of applicant No. 1 — Considering circumstances in which applicant left house of respondent at intervention of police and legal steps by father to take his daughter home — It cannot be presumed that applicant left house without taking her ornaments, it was not alleged by applicant that ornaments were in custody of respondent or kept in locker — ASJ rightly accepted testimony of ‘G’ in this regard and rightly found Trial Court committed error in directing return of entire Stridhan to applicant No. 1 — No interference required in criminal revision — No illegality committed by Appellate Court in deciding appeals filed before it — No relief can be given to applicants more than granted by Appellate Court — Revision relating to return of Stridhan cannot be accepted.
[vc_column_text pb_margin_bottom=”no” pb_border_bottom=”no” width=”3/4″ el_position=”first”] Court: Delhi High Court Bench: JUSTICE I.S. Mehta Nihal Singh (Dr.) Vs. Dr. Priyanka Singh Badaliya Baby Harsha On 11 Oct 2017 Law Point:Protection of Women from Domestic Violence Act, 2005 — Section 12 — Criminal Procedure Code, 1973 — Sections 397, 401 — Maintenance — Award of — Statutory […]
Court: Delhi High Court Bench: JUSTICE I.S. Mehta Avinash Chandra Arora Vs. Anita Arora & Anr. On 21 March 2017 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 23, 29 — Interim Maintenance — Residential accommodation — Husband has no objection to payment of interim monthly maintenance of Rs. 5,000/- […]
Court: Jammu & Kashmir High Court Bench: JUSTICE Sanjay Kumar Gupta Shahid Ahmed Wani Vs. Rubina Akhter On 22 September 2017 Law Point: Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 — Sections 12, 17, 18, 19, 22, 23, 24 — Shared Household — Domestic Violence — Interim and ex parte orders […]
Court: Gauhati High Court Bench: JUSTICE B.D. Agarwal Bimal Mitra & Ors. Vs. Ashalata Mitra On 23 July 2013 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 26, 12 — Domestic violence — Relief in other suits and legal proceedings — Reliefs that can be claimed under D.V. Act by way […]
PUNJAB AND HARYANA HIGH COURT JUSTICE Anita Chaudhary Amit Agarwal & Ors. Vs. Sanjay Aggarwal & Ors. On 31 May 2016 Law Point: Provisions of DV Act can be invoked only when domestic relationship is in existence — When domestic relationship ceases, provision under DV Act cannot be invoked — Complaint is abuse of process […]
Court: Punjab and Haryana High Court Bench: JUSTICE L.N. Mittal Jaswinder Kaur & Ors. Vs. State Of Punjab & Anr. On 7 January 2013 Law Point: Criminal Procedure Code, 1973 — Section 482 — Protection of Women from Domestic Violence Act, 2005 — Section 12 r/w Sections 18, 19(1), 20, 22, 23 — Quashing of […]
Court:Supreme Court Bench: JUSTICE P. Sathasivam & Ranjan Gogoi Deoki Panjhiyara Vs. Shashi Bhushan Narayan Azad & Anr. On 12 December 2012 Law Point: Protection of Women from Domestic Violence Act, 2005 — Section 12 — Special Marriage Act, 1954 — Section 13 — Hindu Marriage Act, 1955 — Section 11 — Maintenance — Void […]
Court: Supreme Court Of India Bench: JUSTICES K.S. Radhakrishnan & Pinaki Chandra Ghose Indra Sarma Vs. V.K.V. Sarma On 26 November 2013 Law Point: Hindu Marriage Act, 1955 — Sections 5, 7 — Marriage and Marital Relationship — Conditions and ceremonies for Hindu Marriage — Law has distinguished between married and unmarried people, which cannot […]