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
Bombay High Court JUSTICE Bharati H. Dangre Sumit Vijay Kumar Vs. Shraddha Gupta Jain On 13 April 2018 Law Point: Family Court has considered earning capacity of husband and wife and also liabilities borne by them — Court has considered bank statement of husband which was placed on record and also referred to certain credit […]
Court: Supreme Court Of India Bench: JUSTICE S.A. Bobde, J. & L. Nageswara Rao K. Subba Rao & Ors. Vs. State Of Telangana On 21 August 2018 Law Point: Indian Penal Code, 1860 Section 498A Criminal Procedure Code, 1973 Section 482 Cruelty Quashing of proceedings Criminal proceedings are not normally interdicted by Apex Court at […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Nisha Rashmi Vs. Kamlesh Pandey On 16 July 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Petitioner-wife stayed for 4-5 days only after marriage — No serious attempts to resolve issues by her family members or wife […]
Bombay High Court JUSTICE K.L. Wadane Bhagwat Pitambar Borse Vs. Anusayabai Bhagwat Borse & Anr. On 8 February 2018 Law Point: Divorce granted in favour of petitioner-husband — Order of Civil Court attained finality — Question of ‘adultery’ finally determined by Civil Court and that finding confirmed by first Appellate Court and this Court in […]
Court: ADDL. DISTRICT JUDGE: SOUTH WEST DISTRICT: DWARKA COURTS Bench: JUSTICE TARUN YOGESH Smt Vimla Devi Vs. Smt. Ruchi Sharma 23 April 2019 Law Point: It is not sufficient to merely show that the house in which the wife claims residence is a shared household, in addition she has to show that her husband has […]
Court: Patna High Court Bench: JUSTICE Ashutosh Kumar, J Om Prakash Mishra vs The State Of Bihar on 29 March 2018 Law Point: JUDGEMENT HONOURABLE MR. JUSTICE ASHUTOSH KUMAR CAV JUDGMENT Date: 29-03-2018 The appellant/Om Prakash Mishra has been convicted under Section 376 I.P.C by judgment dated 12.06.2017 passed in Sessions Trial No. 1542 of 2010, arising […]
Court: Bombay High Court Bench: JUSTICE Vasanti A Naik, J. & Swapna Joshi Sudhir Kamlakar Kharbade Vs. Sangita On 20 April 2018 Law Point: Hindu Marriage Act, 1955 – Sections 13(1)(ia), (ib) – Cruelty – Desertion – Appreciation of evidence – Wife respondent has ill-treated appellant-husband, in-laws and lodged false complaint against him under Section […]
Bombay High Court JUSTICE M.L. Tahaliyani Ramu Shankar Wagh Vs. State Of Maharashtra On 11 Feb 2014 Law Point: Section 113B — Cruelty — Abetment of Suicide — Presumption — Major allegation of evidence was found missing from police statements creates a serious doubt about correctness of evidence of witnesses — No evidence to establish […]
Court: Rajasthan High Court Bench: JUSTICE SANDEEP MEHTA Sanjay Singh Jethi vs State & Anr on 25 May 2018 Law Point: JUDGEMENT HON’BLE MR. JUSTICE SANDEEP MEHTA Judgment Date of Judgment: 25/05/2018 Through this miscellaneous petition under Section 482 Cr.P.C, the petitioner Sanjay Singh Jethi has approached this Court for quashing the FIR No.155/2017 lodged at the […]
Court: Allahabad High Court Bench: JUSTICE Vijay Lakshmi Sanjeev Kumar Agarwal Vs. Rashmi Agarwal & Anr. On 9 May 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 22 — Criminal Procedure Code, 1973 — Section 125 — Domestic Violence — Compensation orders — Justification — Wife had not moved […]