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: Delhi High Court Bench: JUSTICE Sanjay Kishan Kaul Abha Arora Vs. Angela Sharma & Anr. Decided on 18 May 2007 Law Point: Any claims for residence or maintenance by Wife can only be made against her husband only. JUDGEMENT 1. The plaintiff was the absolute owner of the property bearing No. F-18 Geetanjali Enclave, […]
Court: Delhi High Court Bench: JUSTICE ASHUTOSH KUMAR Anukriti Dubey vs Partha Kansabanik And Anr on 23 March, 2016 Law Point: The tenanted premises where a woman lives with her husband would definitely come within the category of shared household but as long as the tenancy JUDGEMENT 1. Heard the counsel for the parties. 2. The […]
Court: HIGH COURT OF KERALA Bench: JUSTICE MRS.JUSTICE K.HEMA Chitrangathan Vs. Seema on 14th day of October, 2009 Law Point: While protecting the rights of a woman, the court has to be careful and cautious in not violating the rights of the male also under Domestic Violence Act. JUDGEMENT Head Note:- Protection of Woman from […]
Court: Supreme Court of India Bench: Dipak Misra, Prafulla C. Pant Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015 Law Point: Maintainability of DV after 1 year JUDGEMENT Leave granted. 2. The appellant having lost the battle for getting her Stridhan back from her husband, the first respondent herein, before the learned Magistrate […]
Court: Rajasthan High Court Bench: JUSTICE MRS. NISHA GUPTA Nishant Hussain vs Seema Saddique & Anr on 21 September, 2012 Law Point: Living apart from 10 years, no cause of action to initiate DV proceedings JUDGEMENT This revision petition has been preferred against the order dated 30.3.2012 passed by learned Addl. Sessions Judge (Fast Track) No.3, […]
Court: Supreme Court of India Bench: P. Sathasivam, B.S. Chauhan Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011 Law Point: In view of the provisions of Section 468 Code of CrPC, DV complaint could be filed only within a period of one year from the date of the incident in […]
Court: Karnataka High Court Bench: JUSTICE ANAND BYRAREDDY J.Srinivas S/O Sri.Jayachandra vs G.Dhanalakshmi D/O Govindaswamy on 5 April, 2013 Law Point: Petitioner barred by time in filing DV after 1 year from the date of alleged cause of action JUDGEMENT 1. Heard the counsel for the petitioner. The counsel for the respondent remains absent. 2. The brief facts […]
Court: Karnataka High Court Bench: K.N.Phaneendra Gurudev S/O. Hanamant Gurav vs Jayashree W/O. Gurudev Gurav on 8 January, 2014 Law Point: Bar on filing DV after 1 year as per section 468 CrPC JUDGEMENT 1. Though this petition is posted for admission, with the consent of both the Counsels, the matter is heard on merits. 2. […]
Court: Supreme Court of India Bench: JUSTICE Shiva Kirti Singh Prakash Nagardas Dubal-Shaha Vs. Sou. Meena Prakash Dubal Shah and Ors. Law Point: Unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under DV act. JUDGEMENT 1. By the impugned judgment and order dated 24.1.2013 the learned Single Judge of High Court of Judicature […]
Court: Punjab And Haryana High Court Bench: Justice Paramjeet Singh Anoop and others vs. Vani Shree Law Point: Legal Terrorism : law is being used to terrorise the husband, his family and distant relatives JUDGEMENT Petitioners, who are facing allegations of domestic violence, have approached this Court under Section 482 of the Code of Criminal Procedure for quashing […]