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: Madhya Pradesh High Court Bench: JUSTICE N.P. Singh Smt. Chhaya Vs. Dr. Kastoor Chand Jain & Anr. On 10 January 1996 Law Point: Civil Procedure Code, 1908 — Sec. 96 — Appeal from original decree — Gift made to bride — Her Stridhana property — Once a gift is made and accepted by doner […]
Court: Patna High Court Bench: JUSTICES R.N. Prasad & C.M. Prasad Pradeep Singh Vs. State Of Bihar On 9 January 2004 Law Point: Sections 302/34, 498-A and 201 — Murder, common Intention, Cruelty, Disappearance of Evidence : No eye-witness to occurrence : Defence denied marriage with deceased : Evident from evidence of prosecution witnesses that […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Smt. Kavita vs Shri Rakesh Raman on 8 April 2011 Law Point: While adjudicating matrimonial cases, courts to be cautious and conscious of fact that the holy bond of matrimony involves delicate human emotions and complex situations and often there gets created a chasm which if fortified […]
Court: Punjab and Haryana High Court Bench: JUSTICE JITENDRA CHAUHAN Harjinder Kaur vs Narinder Singh Mangat on 4 January, 2012 Law Point: Section 24 CPC Can’t be used on mere presumption or apprehension, which is not sufficient for a case to be transferred. A transfer should not readily be granted for any fancied notion of […]
Court: Calcutta High Court Bench: JUSTICE S.K. Mukherjee & Rabin Bhattacharyya Dilip Kumar Biswas Vs. Susmita Biswas Decided on 27 January 1995 Law Point: Lived together with husband for only 7 days, and was unable to justify cause for living apart. Desertion of embarrassing length proved. JUDGEMENT 1. This appeal is directed […]
Court: Allahabad High Court Bench: Dhananjaya Yeshwant Chandrachud, Chief Justice, Devendra Kumar Upadhyaya, Rajan Roy Syed Wasif Husain Rizvi vs Hasan Raza Khan & 6 Others on 22 January 2016 Counsel for Petitioner :- S H I Naqvi, R K Upadhyaya, R S Chauhan, Zishan Ahmad Counsel for Respondents:- CSC, Ajmal Khan, G M Kamil, […]
Court: Supreme Court of India Bench: G.S. Singhvi, Asok Kumar Ganguly Inst.Of Chartered Accountants Of … vs Vimal Kumar Surana & Anr on 1 December, 2010 Law Point: Matters can be remitted back to lower courts for fresh consideration in the interest of justice. JUDGEMENT 1. Leave granted. 2. The question which arises […]
Court: Supreme Court of India Bench: C.K. Thakker, D.K. Jain Pankaj Kumar vs State Of Maharashtra & Ors on 11 July, 2008 Law Point: Right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. JUDGEMENT Leave granted. 2. This appeal arises from the final judgment and order […]
Court: Supreme Court of India Bench: Dipak Misra, Prafulla C. Pant Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015 Law Point: Affidavit must for complaint u/s 156(3) including matrimonial cases. JUDGEMENT The present appeal projects and frescoes a scenario which is not only disturbing but […]
Court: Delhi District Court Bench: Sh. Inderjeet Singh Manish Kapoor vs Charu Kapoor on 28 August, 2010 Law Point: Trial court ordered residence rights in the property of father, Session court overturned. Landmark Judgement in DV. JUDGEMENT 1.1 (Introduction) – The respondent Smt. Charu Kapoor filed an application under section 12 of Protection of […]