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About Me

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.

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Contact Info

  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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Judgement

Ramkumar Sarathe & Ors. Vs. State Of Madhya Pradesh & Anr.

  Court: MADHYA PRADESH HIGH COURT Bench: JUSTICE J.P. Gupta Ramkumar Sarathe & Ors. Vs. State Of Madhya Pradesh & Anr. On 23 January 2018 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Section 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of charge […]

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Rakesh Vs. Vaishali

  Court:BOMBAY HIGH COURT Bench: JUSTICE T.V. Nalawade, J. & S.M. Gavhane Rakesh Vs. Vaishali On 13 October 2017 Law Point: Hindu Marriage Act, 1955 — Sections 9, 13(1)(ia), 13(1)(ib), 13(1)(iii) — Restitution of conjugal rights — Cruelty — Desertion — Mental illness — Unsound mind — Grant of divorce — Respondent-wife alleged to be […]

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Vague Allegations does not constitute prima facie case of DV

CHHATTISGARH HIGH COURT JUSTICE Goutam Bhaduri Nafisa Anjum & Ors. Vs. State Of Chhattisgarh & Anr. On 26 September 2018 Law Point: Omnibus allegations against petitioners — No averments that petitioners were part of shared household — Petitioners are not residing with husband of complainant/respondent and/or in any part of shared household — Domestic relationship […]

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Ajay Narayan Das Vs. Asha Devi

Court: JHARKHAND HIGH COURT Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Ajay Narayan Das Vs. Asha Devi On 2 February 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Implicating family of husband in criminal case knowingly amounts to cruelty — With a view to put pressure upon […]

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Anita Rani vs Suresh Kumar

Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICES JUSTICE AJAY KUMAR MITTAL AND SNEH PRASHAR Anita Rani vs Suresh Kumar On 26 February 2015 Law Point: Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. Divorce granted by the court. JUDGEMENT […]

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RCR upheld when 498a resulted in final report – no reason to withdraw

RAJASTHAN HIGH COURT JUSTICE Pradeep Nandrajog, CJ & Vinit Kumar Mathur Jyotsana Vs. Ravi Khatwal On 12 March 2018 Law Point: Appellant-wife has not proved reasonable cause to withdraw from consortium for reason the only ground pleaded by her to withdraw from consortium was dowry harassment i.e. 498A which she could not prove — No […]

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Priyanka Das Bora Vs. Diganta Bora

  Court: GAUHATI HIGH COURT Bench: JUSTICE Arup Kumar Goswami Priyanka Das Bora Vs. Diganta Bora On 13 May 1994 Law Point: Civil Procedure Code, 1908 — Section 24 — Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Transfer of matrimonial case — No case made out by petitioner-wife — Petitioner is working as […]

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MANINDER KAUR Vs. STATE & ORS

Court:DELHI HIGH COURT Bench: JUSTICE S.N. Kapoor MANINDER KAUR Vs. STATE & ORS on 26 March 1999 Law Point: Proceedings against Persons Appearing Guilty of Offence : Requirements — Observations of Supreme Court in Sohan Lal’s case — Applicability of provisions of Section 398, Cr.P.C. — Petitioners neither discharged nor tried and acquitted — Powers […]

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Shared Household only where Aggrieved Person Continuously Resides

Delhi High Court JUSTICE Shiv Narayan Dhingra Vijay Verma Vs State Nct Of Delhi & Anr. On 13 August 2010 Law Point: ‘At any point of time’ cannot be defined as ‘at any point of time in the past’ but where aggrieved person has been continuously living in shared household as a matter of right […]

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No Look Out Circular in Domestic Violence Case

Bombay High Court JUSTICE Anuja Prabhu Dessai Hardeep Singh Arora Vs. State Of Maharashtra & Ors. On 12 January 2018 Law Point: Protection of Women from Domestic Violence Act, 2005  Section 12 Domestic Violence  Restriction on right to travel abroad  False/misleading statement Personal vengeance Contempt of Court Petitioner-husband, not being an offender or accused in […]

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