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:Rajasthan High Court Bench: JUSTICE P.K. LOHRA Miss Khushi & Anr Vs. State & Anr. On 4 January 2018 Law Point: Protection of Women from Domestic Violence Act, 2005, S.12 – Application u/s 12 of the Act – Minor daughters – Petition against mother -Petition filed by grand father with whom minor daughters are living […]
Court: Delhi High Court Bench: JUSTICE Mukta Gupta Amit Kumar & Ors. Vs. Charu Makin On 28 March 2017 Law Point: To avoid any harm to interest of child, Court under Section 21 of DV Act can pass order granting temporary custody of child and/or make necessary arrangement for visit of child — DV Act […]
Court: Bombay High Court Bench: JUSTICE B.P. Dharmadhikari Nandkishor Pralhad Vyawahare vs Sau. Mangala W/O Pratap Bansar On 3 May 2018 Law Point: PWDVA – Nature of proceedings under the act are predominately of civil nature and it is only when ther is breach of protection order ad failure or refusal to discharge duty without […]
Court: Bomaby High Court Bench: JUSTICE Anuja Prabhudessai Aniket Subhash Tupe Vs. Piyusha Aniket Tupe and Ors. On 22 March 2018 Law Point: Domestic Violence – Petition u/s 12 of the Act – Court in its discretion can allow evidence on affidavit and permit croos-examination to test veracity of evidence – Court can deviate from […]
Court: Patna High Court Bench: JUSTICE Ashwani Kumar Singh Santosh Kumar vs State Of Bihar & Anr on 6 October 2017 Law Point: Protection of Women from Domestic Violence Act, 2005 – Complaint under the act not maintainable under the act at the instance of ex wife after divorce. JUDGEMENT 1. This […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Punjab and Haryana High Court Bench: JUSTICE Jaishree Thakur Eshan Joshi Vs. Suman On 23 January 2018 Law Point: Petitioner challenged that the complaint is without jurisdiction. High Court thus with its vast inherent powers […]
Court: Delhi High Court Bench: JUSTICE PRATIBHA RANI Poonam Tanwar Vs. Sube Singh Tanwar On 20 December 2016 Law Point: A house which is owned by Mother in Law or Father in Law is not the matrimonial house and the right to residence is available against Husband. JUDGEMENT 1. This Regular Second Appeal is filed […]
Court: Madhya Pradesh High Court Bench: JUSTICE B.M. Gupta Ajay Kant & Ors. Vs. Alka Sharma On 19 June 2007 Law Point: Section 482 — Inherent Powers — Exercise of — Availability of alternative remedy — Effect of — Alternative appropriate remedy of appeal available under Section 29 of Act against order of Magistrate — […]
Court: Punjab and Haryana High Court Bench: JUSTICE M.M.S. BEDI Mrs. Manju Sharma vs Dr. J.C. Mehta On 29 February 2012 Law Point: Daughter in Law does not have a right to stay in property in dispute and cause a nuisance to old couple (FIL and MIL). Ordered to vacate the premises. JUDGEMENT The defendant- […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Kavita Chaudhri (dr.) Vs. Eveneet Singh & Anr. Decided on 25 April 2012 Law Point: Property which exclusively belongs to father-in-law or mother-in-law or to both of them in which husband has no right, title or interest, cannot be called “shared household” JUDGEMENT 1. By this execution […]