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:Bombay High Court Bench: JUSTICE R.P. Sondurbaldota Vijaya Vasant Sawant Vs Shubhangi Shivling Parab & Ors On 1 April 2013 Law Point: Protection of Women from Domestic Violence Act, 2005 — Section 12 — Domestic Violence — Right of residence — Delay and laches — Delay of 3 years in filing complaint not explained by […]
Court:Delhi High Court Bench: JUSTICE Sunil Gaur Mahendra Kumar Sharma Vs Sunita Sharma On 25 November 2014 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Grant of divorce — Reckless allegations against appellant husband of having extra-marital affairs with lady living in same locality — Allegations false and unsubstantiated and […]
Court:Allahabad High Court Bench: JUSTICE Vijay Lakshmi Nageshwar Prasad Mishra Vs State Of U.p. & Ors. 6 May 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(f), 2(g), 2(q), 2(s), 3, 18, 12, 22 — Domestic Violence — Aggrieved Person — Defamation and malicious prosecution alleged by daughter against her […]
Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICE Kailash Gambhir Barun Kumar Nahar Vs Parul Nahar & Anr On 5 Februrary 2013 Law Point: Order 39 Rules 1 and 2 r/w Section 151 — Protection of Women from Domestic Violence Act, 2005 — Section 17(1) — Injunction — Grant of — Eviction of daughter-in-law from self […]
Court:Madhya Pradesh High Court Bench: JUSTICE V.D. Gyani Harbhajan Singh Monga Vs Amarjeet Kaur On 26 April 1985 Law Point: Hindu Marriage Act, 1955 — Section 13 (1)(ia) — Cruelty — Married Feb., 1979 lived together upto September 1979, respondent left for her parents house and rejoined appellant in July, 1980 — Child born — […]
Court:Delhi High Court Bench: JUSTICE A.K. Pathak Sudha Mishra Vs Surya Chandra Mishra On 25 July 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Section 17(1) — Shared household — Self-acquired property — Daughter-in-law has no right to continue to occupy self-acquired property of her parents-in-law against their wishes more so […]
Court:Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Vijay Verma Vs State Nct Of Delhi & Anr. On 13 August 2010 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(f), 12 — Domestic relationship — Claim by ‘aggrieved person’ — ‘At any point of time’ cannot be defined as ‘at any […]
Court: CHHATTISGARH HIGH COURT Bench: JUSTICE Parth Prateem Sahu ANANDAKRISHNAN Vs. PUSHPALATHA On 22 February 2021 Law Point: Hindu Marriage Act, 1955 — Sections 13, 9 — Irretrievable breakdown of marriage — Dissolution of marriage — Parties living separately for more than 15 years — Non-implementation of decree of restitution — Parties have no intention […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Bhupender Singh Mehra Vs. State Nct Of Delhi & Anr. On 8 October 2010 Law Point: Before passing an order on application under Section 12 of the PWDVA 2005, Magistrate has to take into consideration domestic incident report received from the Protection Officer. Aggrieved person does […]
Court: Supreme Court Of India Bench: JUSTICES T.S. Thakur & R. Banumathi Baljinder Kaur Vs. State Of Punjab On 19 November 2014 Law Point: Indian Penal Code, 1860 — Sections 304B, 498A — Dowry Death — Cruelty — Alleged demand of gold Karra about two months after marriage — Cannot constitute proximate live link with […]