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: Supreme Court of India Bench: JUSTICE S.B. Sinha & Markandeya Katju Sanjay Vs. State Of Maharashtra On 8 March 2007 Law Point: Three different dying declarations. Prosecution not proved appellant’s guilt under Section 306, IPC of abetting suicide beyond reasonable doubt. Judgments of High Court and Trial Court U/S 306 and 498A quashed. JUDGEMENT […]
Court: Rajasthan High Court Bench: JUSTICE Ashok Parihar Kamlesh Vs. Sitaram 27 July 2004 Law Point: Wife not able to maintain herself : Word “maintain” used under Section 125, Criminal Procedure Code to be taken in broader sense that petitioner should be able to maintain herself decently to live comfortable life, not necessary luxurious life […]
Court: Himachal Pradesh High Court Bench: JUSTICE Deepak Gupta Kewal Kumar Vs. Pawna Devi On 30 December 2010 Law Point: Dissolution of marriage by mutual consent according to customary law — Under Section 29(2) of Hindu Marriage Act, divorce by custom is saved — Under ancient Hindu Law there was no right of divorce but […]
Court: Madhya Pradesh High Court Bench: JUSTICE J.G. Chitre Prafulla Kumar Tongya Vs. Smt. Sarla On 18 November 1997 Law Point: Wife taken away marriage gifts. Proved by husband that respondent deserted him for continuous period of more than two years. Decree of divorce granted. JUDGEMENT 1. The appellant Prafulla Kumar is hereby assailing correctness, […]
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: Andhra Pradesh High Court Bench: JUSTICE A. Gopal Reddy Yerram Vinod Vs. State Of A.P. & Ors. On 20 January 2011 Law Point: Major children who through some mental or corporal defect or injury are unable to maintain themselves are entitled to maintenance under Section 125(1)(c). JUDGEMENT 1. This Criminal Petition under Section 482 […]
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: Gauhati High Court Bench: JUSTICE Amitava Roy Paul Tushar Biswas Vs. Addl. Dist. Judge, East Khasi Hills District & Anr. On 21 November 2005 Law Point: No logic or rationale in permitting parallel proceedings before Court. Illogical to continue proceedings. JUDGEMENT 1. The matrimonial alliance between the parties though conclusively determined […]
Court: Uttarakhand High Court Bench: JUSTICE Rajesh Tandon Pramod Bijalwan Vs. Satendra Dutt On 6 July 2007 Law Point: Cruelty, Desertion — Both grounds proved by respondent — False allegation of adultery against husband or wife is mental cruelty and is ground for divorce — Vague allegations made to defame by petitioner amounts to cruelty […]
Court: Supreme Court Of India Bench: JUSTICE B.P. Singh & Altamas Kabir Sheila B. Das Vs. P.R. Sugasree On 17 February 2006 Law Point: Father not neglected minor or to look after her needs. Father financially stable and not disqualified in any manner from being guardian of minor child. Allegation of apathy not borne out […]