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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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Judgement

Alora Sundaran Vs. Mammali Sumathi & Anr.

Court: Kerala High Court Bench: JUSTICE R. Basant Alora Sundaran Vs. Mammali Sumathi & Anr. On 6 July 2006 Law Point: Magistrate has power to sentence Husband for not more than 1 month if there is default in payment of maintenance. JUDGEMENT 1. Does the decision in Shahada Khatoon v. Amjad Ali, I (2000) DMC […]

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Harjinder Kaur vs Narinder Singh Mangat

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 […]

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State Of U.P. Vs. Sushil Kumar Jain & Ors.

Court: Allahabad High Court Bench: JUSTICE Bhanwar Singh State Of U.P. Vs. Sushil Kumar Jain & Ors. On 23 May 2002 Law Point: Not Dowry but Suspected Bad Character of Wife was Main Cause of Strained Relationship Between Two and such Strained Relationship Turned into Bitterness, Eventually Leading to their Divorce. Trial Court Rightly Recorded […]

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Sushil Kumar Verma Vs. Usha

Court: Delhi High Court Bench: JUSTICE Mahinder Narain Sushil Kumar Verma Vs. Usha 12.2.1986 Law Point: Wife got the pregnancy terminated without the consent of the Husband and thus caused mental cruelty to him. termination of pregnancy without the consent of the husband amounts to cruelty. JUDGEMENT 1. This is a husband’s appeal against the […]

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P.M. Devassia Vs. Ancy & Ors.

Court: Kerala High Court Bench: JUSTICE K.A. Abdul Gafoor P.m. Devassia Vs. Ancy & Ors. On 26 October 2006 Law Point: Civil Court liable to take into account order of maintenance competent to pass under Section 125, Cr.P.C. while considering claim for maintenance in civil suit. JUDGEMENT 1. The father is assailing the decree granting […]

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Tarun @ Gautam Mukherjee Vs. State Of West Bengal

Court: Supreme Court Of India Bench: JUSTICE G.B. Pattanaik & Doraiswamy Raju Tarun @ Gautam Mukherjee Vs. State Of West Bengal On 4.5.2000 Law Point: Appreciation of Evidence : Charge Not Established — High Court on scrutiny of evidence held that offence under Section 306, I.P.C. not established by prosecution but offence under Section 498-A, […]

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State Of Madhya Pradesh Vs. Dulichandra & Anr.

Court: Madhya Pradesh High Court Bench: JUSTICE Vimla Jain State Of Madhya Pradesh Vs. Dulichandra & Anr. On 01 February 2012 Law Point: Vague allegations of cruelty against Husband. Absence of direct and clinching evidence against Husband in respect of cruelty under Section 498A, IPC to victim. Failure of prosecution to establish guilt beyond reasonable […]

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Jayesh Rameshbhai Shah & Ors. Vs. State Of Gujarat & Anr.

Court: Gujarat High Court Bench: JUSTICE D.C. Srivastava Jayesh Rameshbhai Shah & Ors. Vs. State Of Gujarat & Anr. On 7.8.2001 Law Point: Discharge in 498A – Appreciation of Material on Record. Accused discharged on certain provisions of IPC. The Complainant did not tell the cause of injures to doctor; can’t be asked to bring […]

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Shekhar Amonkar Vs. State

Court: Bombay High Court Bench: JUSTICE G.D. Kamat & A.A. Halbe Shekhar Amonkar Vs. State Law Point: Apreciation of evidence, benefit of doubt given to accused Husband.     JUDGEMENT   1. Being aggrieved by the conviction for offences punishable under Sections 478-A, 306, 323 and 506 (Part II) of the Indian Penal Code and […]

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B. Venkat Swamy Vs. Vijaya Nehru & Anr.

Court: Supreme Court Of India Bench: JUSTICE Dr. Arijit Pasayat, P. Sathasivam and Aftab Alam B. Venkat Swamy Vs. Vijaya Nehru & Anr. On 25.8.2008 Law Point: Appeal against acquittal — Circumstantial evidence — Prosecution has not established accusations — In cross-examination P.W. 1 categorically admitted that deceased never personally informed him about alleged harassment […]

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