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: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & Ratnaker Bhengra Raju Vishwakarma Vs. Seema Devi On 17 May 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Cruelty Desertion Two examples of cruelty committed by respondent-wife, viz. false or repeated case against appellant-husband, in addition to his family members/relatives and sexual […]
Rajasthan High Court JUSTICE R.S. Chauhan Rafique Mohammed Vs. Anisa & Ors. On 18 March 2013 Law Point: Grant to second child — Second application by wife not maintainable qua wife — Respondent-wife hidden the fact that she had filed application under Section 125, Cr.P.C. on 12.6.1998 and was granted maintenance for Iddat period from […]
Court: Madhya Pradesh High Court
Bench: JUSTICE N.K. Gupta
Mamta Bai & Anr. Vs. Manoj Kumar Rai & Anr. On 8 January 2014
Law Point:
Protection of Women from Domestic Violence Act, 2005 — Section 12 — Grant of maintenance and return of Stridhan of applicant No. 1 — Considering circumstances in which applicant left house of respondent at intervention of police and legal steps by father to take his daughter home — It cannot be presumed that applicant left house without taking her ornaments, it was not alleged by applicant that ornaments were in custody of respondent or kept in locker — ASJ rightly accepted testimony of ‘G’ in this regard and rightly found Trial Court committed error in directing return of entire Stridhan to applicant No. 1 — No interference required in criminal revision — No illegality committed by Appellate Court in deciding appeals filed before it — No relief can be given to applicants more than granted by Appellate Court — Revision relating to return of Stridhan cannot be accepted.
Gauhati High Court JUSTICE Mir Alfaz Ali Mantush Choudhary @ Mantu Choudhary Vs. State Of Assam & Anr. On 15 February 2018 Law Point: Factum of marriage as claimed by respondent, having found improbable and absurd negating marital relationship between parties — No maintenance could be granted under Section 125, Cr.P.C. — In view of […]
[vc_column_text pb_margin_bottom=”no” pb_border_bottom=”no” width=”3/4″ el_position=”first”] Court: Delhi High Court Bench: JUSTICE I.S. Mehta Nihal Singh (Dr.) Vs. Dr. Priyanka Singh Badaliya Baby Harsha On 11 Oct 2017 Law Point:Protection of Women from Domestic Violence Act, 2005 — Section 12 — Criminal Procedure Code, 1973 — Sections 397, 401 — Maintenance — Award of — Statutory […]
Court: Chhattisgarh High Court Bench: JUSTICE Arvind Singh Chandel Sushil Chandra Sen Vs. Champa Sen On 6 October 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Appreciation of Evidence — Testimony of respondent-wife not reliable — Statement of husband appellant duly supported by his brother DW2 — That he had […]
Court: Madhya Pradesh High Court Bench: JUSTICE J.P. Gupta Shiv Dhar & Anr. Vs. State Of Madhya Pradesh On 6 April 2017 Law Point: Indian Penal Code, 1860 — Sections 306, 304B, 498A — Cruelty — Dowry Death — Abetment to Suicide — Appeal against Conviction — There is no dispute as to nature of […]
Court: Jharkhand High Court Bench: JUSTICE Anant Bijay Singh Shekhar Pandit @ Sekhar Vs. State Of Jharkhand & Anr. On 11 September 2017 Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 323, 325 — Anticipatory Bail — Cruelty — Hurt — Grievous Hurt — Petitioner-husband of […]
Court: SUPREME COURT OF INDIA Bench: JUSTICE M.R. Shah, J. & B.V. Nagarathna PRABHA TYAGI Vs. KAMLESH DEVI Law Point: (i) Protection of Women from Domestic Violence Act, 2005 — Sections 2(a), 2(s), 12, 17, 19 —Daughter-in-law — Shared household — Right of aggrieved person — Every woman in domestic relationship has right to reside […]
Court: Madhya Pradesh High Court Bench: JUSTICE VIVEK AGARWAL Raj Shah vs The State Of Madhya Pradesh on 3 July 2018 Law Point: JUDGEMENT Heard. Petitioner has filed this criminal revision under Sections 397 and 401 of the Criminal Procedure Code (fort short ‘Cr.P.C.’) against order dated 03.05.2018 passed by the Special Judge (Atrocities), Gwalior, in Special […]