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 C.K. Prasad Mangilal Vs. Ratnaprabha & Anr. On 5 January 1995 Law Point: Wife had no ground to leave the matrimonial house. Maintenance not allowed. JUDGEMENT 1. The wife i.e. Non-applicant No. 1 had filed an application on 16-11-1988 in the Court of Judicial Magistrate, First Class, Alirajpur, […]
Court: Supreme Court Of India Bench: JUSTICE P. Sathasivam & Dr. B.S. Chauhan Bansi Lal Vs. State Of Haryana On 14 January 2011 Law Point: Indian Penal Code, 1860 — Section 498A — Cruelty — Proof of offence — Discussed. JUDGEMENT 1. This criminal appeal has been preferred against the judgment and […]
Court: Punjab and Haryana High Court Bench: JUSTICE Bakhshish Kaur Angrej Singh @ Arjan Singh Vs. State Of Punjab & Ors. On 3 November 1999 Law Point: Magistrate Cannot Impose Imprisonment of More Than One Month for non-payment of maintenance — Power of Magistrate cannot be enlarged. JUDGEMENT 1. Sukhpal Kaur-respondent No. 2 for herself […]
Andhra Pradesh High Court JUSTICE Umesh Chandra Banerjee, CJ., B. Subhashan Reddy & Chelameswar Kola Emmanuel Vs. Nallipogu Sunanda On 23 February 1998 Law Point: The word ‘impotence’ is not related to a particular gender like male only. Incapability of copulation on the part of either of the spouses either due to structural defects in […]
Court: High Court Of Orissa Bench: JUSTICES Vinod Prasad and S.K. Sahoo Ranjana Rani Panda and Ors. Vs. Sanjay Kumar Panda On 22 December 2015 Law Point: Husband and Wife not interested to live with each other – It would be in interest of parties to sever matrimonial ties since marriage has broken down irretrievably. […]
Court: Delhi High Court Bench: JUSTICE Dr. S. Muralidhar Keshav Kumar Vs. State On 5 September 2014 Law Point: Marriage between deceased and appellant not established and they had not been cohabiting as husband and wife or living as husband and wife — Question of convicting appellant for offence under Section 498A, IPC does not […]
Court: Madhya Pradesh High Court Bench: JUSTICE B.M. Gupta Ajay Kant & Ors. Vs. Alka Sharma On 19 June 2007 Law Point: Section 482 — Inherent Powers — Exercise of — Availability of alternative remedy — Effect of — Alternative appropriate remedy of appeal available under Section 29 of Act against order of Magistrate — […]
Court: Kerala High Court Bench: JUSTICE R. Basant Muhammed Vs. Kunhayisha Law Point: Major unmarried daughter not entitled to claim maintenance from her parents unless her inability to maintain herself attributable to her physical or mental abnormality or injury : Her mere status as unmarried daughter, whatever be her religion, does not entitle her to […]
Court: High Court Of Delhi Bench: JUSTICE Ms. Veena Birbal Suman Kaushik Vs. N.P. Kaushik Law Point: Divorce on the ground of desertion and cruelty – Parties lived together for 7 months and litigating for 25 years – Husband employed as judicial officer and wife working under government – Wife making various complaints in respect […]
Court: Jharkhand High Court Bench: JUSTICE Hari Shankar Prasad Hamidan Khatoon & Ors. Vs. State Of Jharkhand & Anr. On 28 April 2004 Law Point: FIR lodged with ulterior motive by way of causing harassment : Its continuance will be abuse of process of Court : Criminal proceedings quashed. JUDGEMENT 1. This application under Section […]