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: Madras High Court Bench: JUSTICES P. Shanmugam & A. Subbulakshmy Sarada Vs V. Satyamurthi On 4 December 2000 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion : Appreciation of Evidence : No Intention On Part of Husband To Desert Wife and Family : Allegation Not True — Petitioner-wife living with her […]
Calcutta High Court JUSTICES A.K. Chatterjee & Suddheswar Narayan Rabindra Nath Roy Vs Anjana Roy On 21 July 1994 Law Point: Wife can not claim maintenance u/s 125 CrPC, after the marriage is dissolved by decree of divorce following her refusal to comply with the decree for restitution of conjugal rights ? JUDGEMENT 1. The […]
Court: Delhi High Court Bench: JUSTICE Indermeet Kaur Ranjana Gupta Vs Rajnesh Gupta & Ors On 13 May 1994 Law Point: Protection of Women from Domestic Violence Act, 2005 — Section 12 — Domestic Violence — Return of jewellery articles — Denial of relief by Courts below to complainant — Concurrent finding recorded by Court […]
Court: Supreme Court of India Bench: JUSTICES B.P. Singh & B.N. Srikrishna State Of Orissa Vs Niranjan Mohapatra & Ors On 3 Februrary 2015 Law Point: CRIMINAL LAW : Appeal against Acquittal : Cruelty, Dowry death : So far allegations relating to offence under Section 498A concerned, High Court justified that prosecution not able to […]
Court:Supreme Court Of India Bench: JUSTICES Sudhansu Jyoti Mukhopadhaya & Dipak Misra Manohar Lal Vs State Of Haryana On 1 July 2014 Law Point: Indian Penal Code, 1860 — Section 304B — Dowry Death — Death of deceased within 7 years of marriage due to burning i.e. not in normal circumstances — Prosecution miserably failed […]
Court: Supreme Court Of India Bench: JUSTICES Sudhansu Jyoti Mukhopadhaya & Kurian Joseph Panchanand Mandal @ Pachan Mandal & Anr Vs State Of Jharkhand On 4 October 2013 Law Point: Indian Penal Code, 1860 — Sections 304B, 34 — Evidence Act, 1872 — Section 32 — Dowry Death — Common Intention — Dying declaration — […]
Court: Uttarakhand High Court Bench: JUSTICES Rajiv Sharma, J. & Alok Singh Indu Kukreja Vs Deepak Kukreja On 13 April 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Appellant-wife indulged in character assassination of respondent-husband in presence of PWs — They are independent witnesses — One of the witnesses […]
Court:Andhra Pradesh High Court Bench: JUSTICES B.S.A. Swamy & Dr. G. Yethirajulu Saritha Vs R. Ramachandra On 9 July 2002 Law Point: Hindu Marriage Act, 1955 — Section 13 — Divorce : Wife alleged she was not Treated Properly by her Mother-in-law during her Stay at House of her In-laws at New Delhi : She […]
Court:Supreme Court of India Bench: JUSTICES Markandeya Katju & T.S. Thakur D. Velusamy Vs D. Patchaiammal On 21 October 2010 Law Point: Criminal Procedure Code, 1973 — Section 125 — Maintenance — Divorced wife is treated as a wife for purpose of Section 125, Cr.P.C. but if a person has not even been married obviously […]
Court: Supreme Court Of India Bench: JUSTICES Fakkir Mohamed Ibrahim Kalifulla & Shiva Kirti Singh Meena Chaudhary Vs Commissioner Of Delhi Police On 18 September 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 18, 19, 20, 22, 23 — Residence Order — Share in Matrimonial Home — Husband duly paid […]