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: HIGH COURT OF DELHI Smt. Indu Bala & ors. Vs. Delhi Administration & ors. Equivalent citations:1991CriLJ1774 Bench: P.K. Bahri, J. Law Point: Criminal – anticipatory bail – Sections 498 A and 406 of Indian Penal Code, 1860 and Section 438 of Criminal Procedure Code, 1973 – petitioners sought anticipatory bail for offence punishable under Sections 498 […]
Court: Supreme Court Of India Bench: J. Chelameswar, A.K. Sikri Vivek Singh vs Romani Singh on 13 February, 2017 Law Point: Custody Case decided on basis of Parental Alienation Syndrome by SUpreme Court of India JUDGEMENT A.K. SIKRI, J. The appellant and the respondent tied matrimonial chord on November 25, 2007 as per Hindu rights […]
Court: Delhi High Court Bench: JUSTICE ASHUTOSH KUMAR Anukriti Dubey vs Partha Kansabanik And Anr on 23 March, 2016 Law Point: The tenanted premises where a woman lives with her husband would definitely come within the category of shared household but as long as the tenancy JUDGEMENT 1. Heard the counsel for the parties. 2. The […]
Court: HIGH COURT OF KERALA Bench: JUSTICE MRS.JUSTICE K.HEMA Chitrangathan Vs. Seema on 14th day of October, 2009 Law Point: While protecting the rights of a woman, the court has to be careful and cautious in not violating the rights of the male also under Domestic Violence Act. JUDGEMENT Head Note:- Protection of Woman from […]
Court: Rajasthan High Court Bench: MR. JUSTICE Pankaj Bhandari Vijay Kant Sharma Versus State of Rajasthan 22 August 2017 Law Point: No arrest in 498A until report received from Family Welfare Committee. JUDGEMENT 1. It is contended by learned Public Prosecutor that the Police Authority are now bound to adhere to the judgment “Rajesh Sharma […]
Court: Supreme Court of India Bench: Dipak Misra, Prafulla C. Pant Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015 Law Point: Maintainability of DV after 1 year JUDGEMENT Leave granted. 2. The appellant having lost the battle for getting her Stridhan back from her husband, the first respondent herein, before the learned Magistrate […]
Court: Kerala High Court Bench: JUSTICE G. Sasidharan Kuttappan Vs. Vijayamma & Ors. On 24 August 2001 Law Point: Maintenance : Non-payment : Application has to be Filed within one Year of Amount Becoming Due. JUDGEMENT 1. This petition is filed by the respondent in M.C. No. 31 of 1994 on the file of the […]
Court: High Court Of Judicature at Allahabad Bench: JUSTICE Ram Surat Ram Kapil Goyal Vs. State Of U.P. And Anr on 25.4.2016 Anil Kumar Bajpai, Adv. For the appellant G.A. For the respondent. Law Point: Written Statement/reply can be filed by husband staying outside India through Power of Attorney in a maintenance case JUDGEMENT Heard Sri Anil Kumar Bajpai for the petitioner. This […]
Court: Rajasthan High Court Bench: JUSTICE MRS. NISHA GUPTA Nishant Hussain vs Seema Saddique & Anr on 21 September, 2012 Law Point: Living apart from 10 years, no cause of action to initiate DV proceedings JUDGEMENT This revision petition has been preferred against the order dated 30.3.2012 passed by learned Addl. Sessions Judge (Fast Track) No.3, […]
Court: Supreme Court of India Bench: P. Sathasivam, B.S. Chauhan Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011 Law Point: In view of the provisions of Section 468 Code of CrPC, DV complaint could be filed only within a period of one year from the date of the incident in […]