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:Punjab-Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena MEENA RANI Vs. MADAN LAL Decided on 30 March 1995 Law Point: By withdrawing herself from society of husband she has treated him with cruelty Divorce granted to husband. JUDGEMENT 1. Appellant-wife has filed this appeal against the decree of divorce, dated 29.11.1991, under Section 28 of […]
Court: Punjab and Haryana High Court Bench: JUSTICE Sham Sunder Jaswinder Kaur Vs. Harvinder Singh Decided on 28 November 2007 Law Point: Appellant wife deserted respondent husband for continuous period of 2 years immediately preceding filing of petition, without any sufficient cause, with intention to put an end to matrimonial ties permanently — Husband was […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Mamta Devi Vs. Dinesh Kumar Decided on 14 June 2012 Law Point: Wife has been withdrawing from the company of her husband without any justifiable cause — Animus deserendi proved. JUDGEMENT 1. This appeal has been preferred by the wife who was the respondent (before […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.C. Pandey Smt. Suman Singh Vs. Tulsi Ram Patel Decided on 1 February 1999 Law Point: Wife Wilfully Left Matrimonial Home After Eight Months of Her Marriage and Did Not Come Back — She was unable to prove that she deserted respondent on account of inhumanly treatment given […]
Court: Rajasthan High Court Bench: JUSTICE P.P. Naolekar & J.S. Sidhu Girraj Prasad Sharma Vs. Smt. Tara Mishra Decided on 30 July 1998 Law Point: Wife deserted husband continuously for two years or more immediately preceding filing of this petition — Husband entitled to divorce on this ground. JUDGEMENT 1. This will dispose of an […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Kavita Chaudhri (dr.) Vs. Eveneet Singh & Anr. Decided on 25 April 2012 Law Point: Property which exclusively belongs to father-in-law or mother-in-law or to both of them in which husband has no right, title or interest, cannot be called “shared household” JUDGEMENT 1. By this execution […]
Court: Calcutta High Court Bench: JUSTICE Alok Kumar Basu & Jyotirmay Bhattacharya, Asoka Mitra Vs. Swapan Kumar Mitra Decided on 31 August 2007 Law Point: Wife left matrimonial home without consent and reasonable cause. Further, wife condoned wrong on part of husband, even if there be any — No justification in regard to ground of […]
Court: Jharkhand High Court Bench: JUSTICE Hari Shankar Prasad Arjun Ram Vs. State Of Jharkhand And Anr. Decided on 13 May 2004 Law Point: Quashing of order taking cognizance: Cruelty, hurt, theft, bigamy: Complaint case filed only after coming to know of filing of Title (M) Suit for divorce and it is actuated with mala […]
Court: Orissa High Court Bench: JUSTICE R M.M. Das Surendra Hota & Ors. Vs. State Of Orissa Decided on 2 September 2010 Law Point: Complaint petition itself does not disclose commission of any offence committed by petitioners — Rather it reflects anguish of complainant for having been impleaded as OP in case filed for award […]
Court: Andhra Pradesh High Court Bench: JUSTICE B.S. Raikote Smt. Kudupudi Lakshmi Verra Venkataratnam Vs. Kudupudi Sri Krishna Vara Prasad & Ors. Decided on 24 November 1998 Law Point: Maintenance : Husband Neglects Wife Without Reasonable Cause — Both under Section 125, Criminal Procedure Code and under Section 18, Hindu Adoptions and Maintenance Act, if […]