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.K. Gupta Jeevan Singh Vs. Sangeeta Bai On 7 October 2013 Law Point: Applicant was neither valid wife of non-applicant, nor she had any reason to live away from her husband, to get any maintenance from her husband — She was not ousted but she herself left house […]
Court: Supreme Court Of India Bench: JUSTICE C.K. Thakker & Altamas Kabir Mohan Kumar Rayana Vs. Komal Mohan Rayana On 1 November 2007 Law Point: Challenge against interim order passed by High Court, denying visitation right to appellant-father — This Court met appellant, respondent and also minor child separately, to ascertain what each had to […]
Court: Supreme Court of India Bench: JUSTICES Umesh C. Banerjee & Y.K. Sabharwal Girdhar Shankar Tawade Vs. State Of Maharashtra On 24 April 2002 Law Point: Maintainability of Charge under Section 498-A, by Reason of Order of Acquittal under Section 306, IPC i.e. Abetment of Suicide : Acquittal of Charge under Section 306, Though not […]
Court: PUNJAB AND HARYANA HIGH COURT Bench: JUSTICE Arun Kumar Tyagi KIRAN V. BHASKAR Vs. STATE OF HARYANA & ORS. On 31 August 2021 Law Point: Custody of minor — Inter Country child removal and issue of repatriation — Proceedings in USA Court and order passed by USA Court — Minor child is a US […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani & Pradeep Nandrajog Rajender Kumar Vs. Nandini & Anr. On 21 October 2016 Law Point: Mental Cruelty — Illicit relationship — Threat to commit suicide — Appellant-husband suggested divorce by mutual consent in the backdrop of respondent-wife’s illicit relationship, but she preferred not to even respond to […]
Court: Supreme Court Of India Bench: JUSTICE J.B. Garg Kantilal Martaji Pandor Vs. State Of Gujarat & Anr. Law Point: Section 498A Explanations (a), (b) — Cruelty — Scope and ambit of provision — Clause (b) is not attracted as there was no harassment by husband with a view to coercing her to meet any […]
Court: Delhi High Court Bench: JUSTICE S.P. Garg Manik Chopra Vs. Priyanka Chopra On 19 May 2017 Law Point: Sections 125, 482 — Interim Maintenance — Quantum — Court to take prima facie view and not conduct roving inquiry. JUDGEMENT 1. The instant petition under Section 482, Cr.P.C. has been preferred by the petitioner to […]
Court: Bombay High Court Bench: JUSTICE J.G. Chitre Vitthal Hiraji Jadhav Vs. Harnabai Vitthal Jadhav & Anr. On 14 February 2003 Law Point: Section 125(4) — Maintenance : Husband and wife living separately by mutual consent : Wife loses right to claim alimony from such husband. JUDGEMENT 1. The petitioner is hereby assailing correctness, propriety […]
Court: Supreme Court of India Bench: JUSTICE C.K. Thakker & Lokeshwar Singh Panta Jagraj Singh Vs. Birpal Kaur On 13 February 2007 Law Point: Once Court holds it has no jurisdiction in matter, it should not consider merits of matter — Though issue of jurisdiction of Court decided against wife, without following procedure under Section […]
Court: Punjab and Haryana High Court Bench: JUSTICE J.B. Garg Satyawan Vs. Rekha On 30 May 2016 Law Point: Lodging false criminal case — Contracting second marriage — Respondent-wife lodged false criminal case against appellant-husband and his family — No material to frame charges against appellant and his family members — They were acquitted — […]