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 M.S. Deshpande Kalidas Vs Parvatibai And Another On 28 January 1985 Law Point: Decree for restitution of conjugal rights was obtained by husband in 1977 — Wife filing petition for maintenance u/s. 125 Cr.P.C. in 1980 — During pendency of maintenance proceedings husband obtaining decree of divorce in 1981 — Whether […]
Court: Supreme Court Of India Bench: JUSTICES Sudhansu Jyoti Mukhopadhaya & V. Gopala Gowda Saraswathy Vs Babu On 25 November 2013 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(g), 3(iv), 3(iv)(c) — “Domestic Violence” — Protection orders— Residence orders — “Economic Abuse” — Monetary reliefs — Continuance of domestic violence […]
Delhi High Court JUSTICE G.S. Sistani Rani Sethi Vs. Sunil Sethi On 13 May 1994 Law Point: Purpose of Section 24 of Act is to provide support to a spouse who has no independent source of income and is incapable of maintaining himself/herself — Term ‘support’ is not to be construed in a narrow manner […]
Court: Delhi High Court Bench: JUSTICE S.K. Agarwal Sunil Kumar Vs State & Anr On 14 September 2001 Law Point: Criminal Procedure Code, 1973 — Sections 82, 482 — Indian Penal Code, 1860 — Sections 498A, 406 — Quashing of Order Issuing Proclamation: Cruelty, Criminal Breach of Trust : Court did not Record Satisfaction that […]
Court: Jharkhand High Court Bench: JUSTICES Aparesh Kumar Singh, J. & Ratnaker Bhengra Jitendra Kumar Sharma Vs Anita Devi On 12 July 2018 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Mental Cruelty — Desertion — Irretrievable breakdown of marriage — Daughter born out of wedlock — Conduct of respondent-wife in going […]
Court: Chhattisgarh High Court Bench: JUSTICE Arvind Singh Chandel Shyamlal Vs State Of Madhya Pradesh On 27 March 2018 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Abetment of Suicide — Cruelty — Suicidal death of deceased after 20 years of marriage — No case of dowry demand — Alleged illicit relationship […]
Court: Madras High Court Bench: JUSTICE K.M. Natarajan, A.P. Ranga Rao Vs Vijayalakshmi On 26 September 1988 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty Meaning of — Several attempts by wife to commit suicide — Acts or ‘conduct of the party charged must be cruel according to the ordinary sense of […]
Court: Supreme Court Of India Bench: JUSTICES Vikramajit Sen & Abhay Manohar Sapre Vinod Kumar Subbiah Vs Saraswathi Palaniappan On 24 April 2015 Law Point: Decree of restitution of conjugal rights in favour of the husband. Interim maintenance should not be endorsed. JUDGEMENT These Appeals assail the Judgment of the learned Single Judge of the […]
Court: Rajasthan High Court Bench: JUSTICES Pradeep Nandrajog, CJ. & Vinit Kumar Mathur Lalit Kumar Mehta Vs Sanjeeta On 12 July 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Appreciation of evidence — Marriage never took off — Rash actions of respondent wife under trivial matters — Since childhood […]
Court: Calcutta High Court Bench: JUSTICES Joymalya Bagchi, J. & Rajarshi Bharadwaj Gobinda Das Vs State Of West Bengal On 3 January 2018 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of suicide — Cruelty — Presumption — Death of deceased by sustaining burn […]