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: Orissa High Court Bench: JUSTICE I. Mohanty, J. & Dr. D.P. Choudhury Swapna Satpathy @ Upadhyay Vs. State Of Odisha & Ors. On 17 August 2015 Law Point: Constitution of India, 1950 — Article 226 — Recall of order — Fraud played upon Court by wife and husband suppressing material facts, to obtain order […]
Court: Uttarakhand High Court Bench: JUSTICE U.C. Dhyani Ashwin Chaudhry Vs. Kiran Chaudhry On 20 June 2016 Law Point: Hindu Marriage Act, 1955 — Section 26 — Custody of minor child — Pendency of matrimonial petition — Postponement of petition for custody of child — Not proper — Child’s welfare is of paramount consideration while […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog, J. & Pratibha Rani Santosh Sahay Vs. Hanuman Sahay On 7 October 2016 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Illicit relationship — Disgusting accusations by wife — Harm reputation — Acts of cruelty attributed to appellant-wife by respondent-husband proved by […]
Court: Madras High Court Bench: JUSTICE P.N. Prakash Kaleel Ahmed Sahib & Ors. Vs. State & Anr. On 19 February 2016 Law Point: Indian Penal Code, 1860 — Section 498A — Criminal Procedure Code, 1973 — Section 482 — Dowry Prohibition Act, 1961 — Section 4 — Cruelty — Dowry Demand — Withdrawal of complaint […]
Court: Himachal Pradesh High Court Bench: JUSTICE Anoop Chitkara, Judge Pratikkumar Ami Chand vs State of Himachal Pradesh on 14 September 2020 Law Point: SC-ST (Prevention Of Atrocities) Act Does Not Restrict The Practice Of Accused Surrendering & Getting Interim Bail U/s 439 CrPC JUDGEMENT 1. Admit. Learned A.P.P. Mr.Pranav Trivedi and learned advocate Ms.S.M. […]
Court: HIGH COURT OF GUJARAT AT AHMEDABAD Bench: JUSTICE S.H.VORA Pratikkumar Rajeshbhai Patel Vs State Of Gujarat on 24 January 2019 Law Point: JUDGEMENT 1. Admit. Learned A.P.P. Mr.Pranav Trivedi and learned advocate Ms.S.M. Rana waive service of notice of admission for the respondent – State and respondent No.3 respectively. 2. By way of the present […]
Court:Delhi High Court Bench: JUSTICE G.S. Sistani & Sangita Dhingra Sehgal Anand Raghavan Vs. State Of Delhi & Anr. On 08 July 2016 Law Point: Constitution of India, 1950 — Article 226 — Jurisdiction — Custody of Minor Daughter — Illegal and unlawful removal — Wardship order — Principle of comity of Courts — Welfare […]
Court: Orissa High Court Bench: JUSTICE S.K. Sahoo Ranjan Kumar Sahu Vs. State Of Orissa On 01 September 2016 Law Point: (i) Indian Penal Code, 1860 — Sections 306, 498A, 34 — Dowry Prohibition Act, 1961 — Section 4 — Evidence Act, 1872 — Section 113A — Abetment of Suicide — Cruelty — Common intention […]
Supreme Court of India JUSTICE Tarun Chatterjee & V.S. Sirpurkar Anupam Gupta Vs. Sumeet Gupta On 19 November 2008 Law Point: Production of additional evidence — Directions for producing additional evidence with directions to appellant to pay maintenance to respondent @ Rs. 35,000/- p.m. and clear arrears within two weeks unsustainable — Impugned order set […]
Court: Allahabad High Court Bench: JUSTICE Pramod Kumar Srivastava Manish Gautam Vs. Shikha Gautam On 30 March 2016 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Parties living separately — Relationship of parties deteriorated — No possibility of reconciliation — Sufficient ground for divorce — Parties living separately […]