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: JUSTICE K.M. Natarajan Ranganatham Vs Shyamala On 5 November 1988 Law Point: Hindu Marriage Act, 1955 — Sections 25 and 12 — Petition for decree of nullity of marriage — Dismissal — Whether under Section 25 of H.M.A. permanent alimony can be granted to wife where a decree for divorce […]
Court:Rajasthan High Court Bench: JUSTICE M.C. Jain Darshan Singh Vs Mst. Daso On 3 August 1979 Law Point: Hindu Marriage Act, Ss. 9 & 25 — Husband marrying second wife and applying for restitution of conjugal rights against first wife — Court dismissing husband’s application due to his second marriage — Court cannot grant alimony […]
Court: Punjab And Haryana High Court Bench: JUSTICE D.V. Sehgal Bhagwant Kishore Vs. Sheela Devi On 9 February 1987 Law Point: Hindu Marriage Act, 1955 — Section 13 (1)(ia), (ib) — Cruelty — Desertion — Code of Civil Procedure, 1908 — Order 6, Rule 17 — Amendment of pleadings — Petition for divorce by appellant […]
Court: Madhya Pradesh High Court Bench: JUSTICE B.M. Gupta Madhusudan Bhardwaj & Ors. Vs Mamta Bhardwaj On 31 March 2009 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 18, 28(1), 28(2), 37 — Protection of Women from Domestic Violence Rules, 2006 — Rules 6(5), 15 — Criminal Procedure Code, 1973 […]
Court: Karnataka High Court Equivalent citations: 1993 CriLJ 767 Bench: JUSTICE M Mirdhe Chaya vs K.G. Channappa Gowda on 22 September, 1992 Law Point: Women to Prove ligitimacy of child for maintenance. Corroboration is insisted by the court not as a rule of law but as a rule of prudence to satisfy the conscience of […]
Court:Supreme Court of India Bench: JUSTICES G.B. Pattanaik, R.P. Sethi & Shivaraj V. Patil Kans Raj Vs State Of Punjab & Ors On 26 April 2000 Law Point: CRIMINAL LAW : Dowry Death : Death of Deceased Wife by Suicide Within 7 years of Her Marriage : Sufficient Proof — Continuous harassment connected with demand […]
Court: Delhi High Court Bench: JUSTICE V.K. Shali Kiran Kriplani Vs Jethanand Jethwani On 4 July 2012 Law Point: Protection of Women from Domestic Violence Act, 2005 — Section 12 — Criminal Procedure Code, 1973 — Section 482 — Domestic Relationship — Shared Accommodation — Property dispute between brother and married sister — Rejection of […]
Court: Madhya Pradesh High Court Bench: Faizanuddin Subhash Vs Laxmibai On 24 January 19854 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce petition of husband on account of wife’s mental cruelty and desertion — Wife not allowing cohabitation — Wife threatened to commit suicide by pouring kerosene on herself on two occasions […]
Court:Madhya Pradesh High Court Bench: JUSTICES S.K. Kulshrestha and Mr. Ashok Kumar Tiwari Ramgopal Vs State Of M.P. & Ors On 27 October 2005 Law Point: Indian Penal Code, 1860 — Sections 306, 304-B and 498-A — Abetment of Suicide, Dowry Death, Cruelty — Revision against acquittal — Court would interfere where there is miscarriage […]
Court: Punjab & Haryana High Court Bench: JUSTICE V.K. Jhanji Gurdeep Singh Vs. Daljit Kaur On 7 January 1997 Law Point: Hindu Marriage Act, 1955 — Section 25 — Permanent Alimony and Maintenance — Permanent alimony can be granted only when “decree” is passed — Order dismissing divorce petition is not ‘decree’ — After dismissal […]