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: Kerala High Court Bench: JUSTICE M. Sasidharan Nambiar Surendran Vs. State Of Kerala On 16 July 2009 Law Point: Sections 2(a), 12, 18, 19, 20 — Aggrieved person — Marriage has been declared as null and void at instance of wife, she cannot be an aggrieved person as provided under Section 2(a) of Act […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Razia Begum Vs. State, Nct Of Delhi & Ors. On 4 October 2010 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(q), 2(f) — ‘Respondent’ — Every relative of husband cannot be made as respondent — In order to fix liability upon […]
Court: CHHATTISGARH HIGH COURT Bench: JUSTICE Parth Prateem Sahu SHYAM SUNDAR SINGH & ORS. Vs. SULOCHANA DEVI On 23 November 2021 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(a), 2(f), 3, 12 — Domestic violence — ‘Domestic relationship’ does not exist between parties — There is severance of relationship of […]
Court: Punjab And Haryana High Court Bench: JUSTICE Jaishree Thakur Krishan Kumar and Ors. vs. Navneet and Ors. On 21 February 2018 Law Point: Right to reside – Section 2(s) of Protection of Women from Domestic Violence Act – House being exclusively belonging to father-in-law, it could not be called as a shared household within […]
Court: High Court of Delhi Bench: JUSTICE Suresh Kait Ekta Arora Vs. Ajay Arora and Ors. On 07 August 2015 Law Point: It is clear that during the lifetime of respondent No. 2 (Mother in Law), she is the absolute owner of the property in question and till then, said property cannot be held as […]
Court: Punjab and Haryana High Court Bench: JUSTICE Rekha Mittal Urmila Vs. Ramesh Chander On 16 March 2017 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 19 — Right of residence — House owned by grandfather of husband — No material on record to prove that house is joint Hindu […]
Court: Calcutta High Court Bench: JUSTICE J.B. Garg Shabnam Parveen Vs. State Of West Bengal & Ors. On 24 November 2017 Law Point: Interim maintenance — Widow daughter-in-law not entitled to any maintenance from her father-in-law. JUDGEMENT 1. The instant revision has been preferred by the petitioner/widow daughter-in-law of Opposite Party Nos. 2 and 5 […]
Court: Punjab and Haryana High Court Bench: JUSTICE Anil Kshetarpal Sardara Ram & Anr. Vs. Paramjit Kaur & Anr. On 21 August 2017 Law Point: Protection of Women from Domestic Violence Act, 2005 – Shared Household” — Daughter-in-law cannot claim protection from dispossession on ground that property exclusively owned by father-in-law is ’shared household’. […]
Court: Uttaranchal High Court Bench: JUSTICE U.C. Dhyani Smt. Darshan Kaur vs Smt Sangeeta on 25 April 2017 Law Point: Applicants, mother in law and sister in law of wife do not come within the definition of shared household and therefore, does not come in a domestic relationship. Proceedings quashed. JUDGEMENT 1. […]
Court:Calcutta High Court Bench: JUSTICE Joymalya Bagchi Suman Ghosh vs Unknown On 10 February 2017 Law Point: Protection of Women from Domestic Violence Act – Adequate compensation in lieu of alternate accommodation in addition to monetary relief is appropriate. JUDGEMENT The petitioner is the husband of the opposite party no.2 and it […]