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

Uttara Praveen Thool Vs. Praveen

Court: Bombay High Court Bench: JUSTICE B.P. Dharmadhikari & A.S. Chandurkar Uttara Praveen Thool Vs. Praveen On 6 January 2014 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Appellant-wife failed to prove either ill-treatment or demand of amount of Rs. 4,000 by respondent-husband — She deserted respondent without […]

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Rabindra Nath Tiwary & Ors. Vs. State of Jharkhand

Court: Jharkhand High Court Bench: JUSTICE Prashant Kumar & Amitav K. Gupta Rabindra Nath Tiwary & Ors. Vs. State Of Jharkhand On 25 February 2014 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of suicide — Cruelty — Presumption — Deceased committed suicide within […]

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Lal Mohan Singh Vs. State Of Bihar

Court: Patna High Court Bench: JUSTICE Anjana Prakash Lal Mohan Singh Vs. State Of Bihar On 6 December 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 201 — Cruelty — Disappearance of evidence — Testimony of DWs reliable — No positive evidence with regard to cruelty meted out to deceased in the period […]

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Madan Gopal Vs. State Of Himachal Pradesh

Court: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Madan Gopal Vs. State Of Himachal Pradesh On 2 March 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 306 — Cruelty — Abetment of Suicide — No evidence on record to show that accused was subjecting deceased to cruelty and constantly threatening and […]

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Wife Professionally Qualified even if earning Meagre Amount – No Maintenance

DELHI HIGH COURT JUSTICE Pradeep Nandrajog, J. & Pratibha Rani RUPALI GUPTA Vs. RAJAT GUPTA On 5 September 2016 Law Point: Denial to wife, qualified CA, having sufficient means to maintain herself — Appellant- wife working in that capacity since 2003 cannot be expected to earn only Rs. 7,000/- p.m. which is below minimum wages […]

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Child who has attained Majority is not entitled for Maintenance

Sikkim High Court JUSTICE Sunil Kumar Sinha Shiva Kumar Pradhan Vs. Meena Rawat & Anr. On 1 Dec 2015 Law Point: Legitimate or illegitimate child, who has attained majority, not physically or mentally abnormal, not entitled to receive maintenance JUDGEMENT 1. This Petition is directed against the Order dated 30.06.2015 passed by the Family Court, […]

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Krishna Kant Mehta Vs. State Of Jharkhand & Anr.

Court: Jharkhand High Court Bench: JUSTICE R.R. Prasad Krishna Kant Mehta Vs. State Of Jharkhand & Anr. On 16 January 2014 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Section 498A — Quashing of Cognizance — Cruelty — No direct allegation is there against petitioners either of demand […]

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X Husband Vs. Y Wife

Court: Bombay High Court Bench: JUSTICE A.S. Oka & S.C. Gupte X Husband Vs. Y Wife On 7 March 2014 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Respondent-wife left matrimonial home on her own and not at the bidding of appellant-husband — She continued to stay away and did not […]

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Shikha Tamrakaar Vs. Rohit Kumar Tamrakaar

Court: Madhya Pradesh High Court Bench: JUSTICE Ajit Singh & N.K. Gupta Shikha Tamrakaar Vs. Rohit Tamrakaar On 19 December 2013 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion — Appellant-wife was quarrelsome with her husband and his parents — She was not making meals for them, forced her […]

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Right of maintenance waived by wife by way of MoU, cannot be claimed again.

Court: Delhi High Court Bench: JUSTICE SANJEEV SACHDEVA Minni Chaudhary Vs. Iqbal Singh @ Iqbal Ahmed On 24 September 2018 Law Point: Right of maintenance waived by wife by way of MoU, cannot be claimed again. JUDGEMENT 1. Petitioner impugns order dated 19.01.2015, whereby the family court has rejected the application filed by the petitioner […]

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