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: Uttarakhand High Court Bench: JUSTICE Prafulla C. Pant & V.K. Bist Santosh Kumar Vs. Asha Budakoti On 13 June 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Working wife not joining company of husband for long time, more than 5 years and not coming to husband’s house even during […]
Court: Gauhati High Court Bench: JUSTICE B.D. Agarwal Bimal Mitra & Ors. Vs. Ashalata Mitra On 23 July 2013 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 26, 12 — Domestic violence — Relief in other suits and legal proceedings — Reliefs that can be claimed under D.V. Act by way […]
Court: Bombay High Court Bench: JUSTICE V.K. Tahilramani & V.L. Achliya Hemali Bindesh Kelaiya Vs. Bindesh Jayantilal Kelaiya On 13 May 1994 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(iii) — Evidence Act, 1872 — Section 65 — Cruelty — Mental disorder — Failure to prove both grounds — Non-entitlement of wife to […]
Jammu And Kashmir High Court JUSTICE Dhiraj Singh Thakur Sujata Rajput Vs. Rajesh Baru On 13 December 2013 Law Point: No details of income given by petitioner-wife with which her expenses could be compared by Court to determine her rights under Section 30 of Act — Looking to disparity in income between petitioner and respondent, […]
Court: HIGH COURT OF JUDICATURE AT BOMBAY Bench: JUSTICE MRIDULA BHATKAR, J. Shri Kunal Mandaliya vs The State of Maharashtra on 19 DECEMBER 2016 Law Point: JUDGEMENT 1. Rule. By consent, Rule made returnable forthwith and heard finally. 2. This writ petition is directed against the order dated 4.3.2016 passed by the learned Additional Sessions […]
Court: Delhi High Court Bench: JUSTICE SUNITA GUPTA, J. Rohit Tiwari vs State on 24 May 2016 Law Point: If a fully grown up lady had consensual sex with a person for long time, it is promiscuity on her part and not an act induced by misconception of fact JUDGEMENT 1. Challenge in this appeal is to […]
Court: Rajasthan High Court Bench: JUSTICE Sangeet Lodha Pushpa Vs. Damodar & Anr. On 6 January 2016 Law Point: Civil Procedure Code, 1908 — Section 11 — Hindu Marriage Act, 1955 — Sections 13(1A)(ii), 9 — Res judicata — Subsequent divorce petition — No restitution of conjugal rights — Cruelty — Mother not in issue […]
Karnataka High Court JUSTICE A.V. Chandrashekara R. Satish Kumar & Ors. Vs. Raghaveni On 3 February 2016 Law Point: Even if evidence is hazy and same will have to be assessed on touchstone of preponderance of probabilities — First Appellate Court has taken into consideration all materials placed on record and passed detailed order giving […]
Bombay High Court JUSTICE P.D. Kode Ratan Narayan Ingale Vs. Sau. Sujeta Ratan Ingale & Ors. On 28 August 2013 Law Point: Compromise between parties and they have started living together — Applicant is maintaining non-applicants — No propriety in continuing said orders as object sought to be achieved by passing such orders is well […]
Court: Calcutta High Court Bench: JUSTICE Kanchan Chakraborty Sambhunath Das & Ors. Vs. State Of West Bengal On 3 December 2013 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of Suicide — Cruelty — Common intention — Death of deceased by hanging in matrimonial […]