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 S. Ravindra Bhat Surender Tokas Vs. State (NCT Of Delhi) On 13 March 2007 Law Point: No acceptable material or legal evidence in support of prosecution story about cruelty or cruel acts of such nature meted out by petitioner, resulting in death of deceased — Charge framed under Section […]
Court: Punjab and Haryana High Court Bench: JUSTICE Paramjeet Singh Saroj Bala @ Geeta Vs. Ashok Kumar Kalyan On 5 February 2013 Law Point: Divorce by mutual consent — Wife residing separately by mutual consent and accepted lump sum amount of maintenance as full and final settlement as paid — Wife not entitled to maintenance. […]
Court: Supreme Court of India Bench: JUSTICE G.P. Mathur & Dalveer Bhandari Sanghamitra Ghosh Vs. Kajal Kumar Ghosh On 20 November 2006 Law Point: Obligation of Court that marriage status should, as far as possible, as long as possible and whenever possible, be maintained — However when marriage is totally dead, in that event, nothing […]
Court: Rajasthan High Court JUSTICE Vineet Kothari Sheelu Vs. Amar Singh & Anr. On 27 January 2016 Law Point: Adultery — Grounds well established by Husband — Divorce decree sustained. Not fit case of making efforts through mediation for restoration of matrimonial home. JUDGEMENT 1. The present appeal has been filed by the appellant wife […]
Court: Madhya Pradesh High Court Bench: JUSTICE G.S. Ahluwalia Sandeep Singh Bais @ Anshu & Ors. Vs. State Of M.P. & Anr. On 9 March 2017 Law Point: General, vague and omnibus allegations cannot be treated as sufficient material to send other relatives of husband who otherwise, do not have anything to do with family […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Jharkhand High Court Bench: JUSTICE R.R. Prasad Manoj Kisku Vs. State Of Jharkhand & Ors. On 18 March 2009 Law Point: Article 226 — Extraordinary jurisdiction — Exercise of — Quashing of FIR — Justified […]
Court: Calcutta High Court Bench: JUSTICE J.N. Hore Amarendra Nath Bagui Vs. Gouri Rani Bagui And Another On 29 June 1990 Law Point: When a wife lives separately by mutual consent she cannot claim maintenance under Section 125 of the Cr.P.C. JUDGEMENT 1. The present Revisional Application at the instance of the husband is directed […]
Court: Madras High Court Bench: JUSTICE K.P. Sivasubramaniam Chinnammal & Ors. Vs. Elumalai & Ors. On 14 January 2000 Law Point: Second Marriage During Subsistence of First Marriage Totally Void, Illegal and Opposed to Public Policy . JUDGEMENT 1. This appeal is directed against the judgment of learned Subordinate Judge, Chengalpattu in […]
Court: Delhi High Court Bench: JUSTICE J.B. Garg Nishi Vs. Jagdish Ram Law Point: False accusation by wife — Acts of cruelty included constant threat by wife to have the husband arrested which caused stress to the husband and his family with the result that it was not possible for him to continue with the […]
Court: Karnataka High Court Bench: JUSTICE V. Jagannathan V.K.V. Sarma Vs. Indra Sarma On 12 August 2011 Law Point: ‘Relationship in nature of marriage’ and ‘Domestic relationship’ defined. Maintenance not allowed. JUDGEMENT 1. The petitioner is before this Court aggrieved by the Trial Court allowing the application filed by the respondent under Section 12 of […]