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
SUPREME COURT OF INDIA JUSTICE Rohinton Fali Nariman, J. & Sanjay Kishan Kaul MANMOHAN ATTAVAR Vs. NEELAM MANMOHAN ATTAVAR On 14 July 2017 Law Point: Respondent has never stayed with appellant in the premises in which she has been directed to be inducted — In order for respondent to succeed, it was necessary that two […]
Punjab and Haryana High Court JUSTICE Jaishree Thakur Krishan Kumar & Ors. Vs. Naveet @ Seema & Ors. On 21 February 2018 Law Point: Claim for alternative accommodation can only be made against the husband and not against the husband’s in-laws or other relatives — Instead complainant-wife is held entitled to claim for alternative accommodation […]
Court: ADDL. DISTRICT JUDGE: SOUTH WEST DISTRICT: DWARKA COURTS Bench: JUSTICE TARUN YOGESH Smt Vimla Devi Vs. Smt. Ruchi Sharma 23 April 2019 Law Point: It is not sufficient to merely show that the house in which the wife claims residence is a shared household, in addition she has to show that her husband has […]
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:Bombay High Court Bench: JUSTICE R.P. Sondurbaldota Vijaya Vasant Sawant Vs Shubhangi Shivling Parab & Ors On 1 April 2013 Law Point: Protection of Women from Domestic Violence Act, 2005 — Section 12 — Domestic Violence — Right of residence — Delay and laches — Delay of 3 years in filing complaint not explained by […]
Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICE Kailash Gambhir Barun Kumar Nahar Vs Parul Nahar & Anr On 5 Februrary 2013 Law Point: Order 39 Rules 1 and 2 r/w Section 151 — Protection of Women from Domestic Violence Act, 2005 — Section 17(1) — Injunction — Grant of — Eviction of daughter-in-law from self […]
Court:Delhi High Court Bench: JUSTICE A.K. Pathak Sudha Mishra Vs Surya Chandra Mishra On 25 July 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Section 17(1) — Shared household — Self-acquired property — Daughter-in-law has no right to continue to occupy self-acquired property of her parents-in-law against their wishes more so […]
Court:Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Vijay Verma Vs State Nct Of Delhi & Anr. On 13 August 2010 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(f), 12 — Domestic relationship — Claim by ‘aggrieved person’ — ‘At any point of time’ cannot be defined as ‘at any […]
Court: Delhi High Court Bench: JUSTICES Badar Durrez Ahmed & Veena Birbal Shumita Didi Sandhu Vs. Sanjay Singh Sandhu & Ors. On 26 October 2010 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(s), 17, 18, 19 — Right of Residence — ‘Matrimonial home’ — ‘Shared household’ — Right of daughter-in-law […]
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 […]