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: Chhattisgarh High Court Bench: JUSTICE Pritinker Diwaker Sanjay Kumar Manwani (Dr) Vs. State of Chhattisgarh On 21 May 2018 Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 34 — Dowry Prohibition Act, 1961 — Section 4 — Anticipatory Bail — Cruelty — Common Intention — […]
PUNJAB AND HARYANA HIGH COURT JUSTICE J.B. Garg PARMANAND MISHRA Vs. REKHA MISHRA On 13 May 1994 Law Point: Decree of restitution of conjugal rights in favour of the husband. Interim maintenance should not be endorsed. JUDGEMENT Parmanand Mishra, the husband has moved the present petition under Section 482 of the Code of Criminal Procedure […]
Madhya Pradesh High Court JUSTICE Vandana Kasrekar Pradeep Jain Vs. Manjulata Jain Modi & Anr. On 5 July 2018 Law Point: Maintenance Grant of to wife and not child of another father or mother of another person Non-applicant No. 2 is daughter of Ist marriage of wife non-applicant No. 1 and not of applicant. Family […]
Court: Rajasthan High Court Bench: JUSTICE Pradeep Nandrajog, CJ. & Vinit Kumar Mathur Pooja @ Sajna Vs. Durga Prasad On 10 April 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Cruelty Desertion Respondent-husband duly proved mental cruelty as also desertion without reasonable cause. Direct conflict in testimony of appellant-wife and her father concerning […]
Court: Orissa High Court Bench: JUSTICE Satrughana Pujahari Chandra Sekhar Patnaik Vs. State Of Orissa On 4 May 2017 Law Point: Indian Penal Code, 1860 Sections 306, 498A – Abetment of Suicide Cruelty Conviction of accused appellant unsustainable on basis of evidence adduced by prosecution Evidence shows that deceased developed sense of fear that her […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & Ratnaker Bhengra Meenu Devi Vs. Amit Kumar On 12 March 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Mental Cruelty Desertion – False implication in criminal case amounts to cruelty Absence of physical relationship for more than 7 years between parties. It […]
Punjab and Haryana High Court JUSTICE Jaishree Thakur Krishan Kumar & Ors. Vs. Naveet @ Seema & Ors. On 21 February 2018 Law Point: Claim for alternative accommodation can only be made against the husband and not against the husband’s in-laws or other relatives — Instead complainant-wife is held entitled to claim for alternative accommodation […]
Supreme Court of India JUSTICE G.B. Pattanaik & U.C. Banerjee Khemchand Om Prakash Sharma Vs. State Of Gujrat & Anr. On 25 February 2000 Law Point: Second wife not entitled to claim maintenance where first wife is alive and there has been no annulment of marriage by decree of divorce or otherwise : Courts below […]
Karnataka High Court JUSTICE John Michael Cunha Surya Vadani & Ors. Vs. V. Kalaivani On 6 August 2018 Law Point: Domestic Violence — Wife has an axe to grind against her husband and not against petitioners-in-laws — She did not share residence with petitioners — She cannot have any grievance against petitioners — Petition initiated […]