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: Supreme Court of India Bench: JUSTICE S.B. Sinha & Lokeshwar Singh Panta Narayanamurthy Vs. State Of Karnataka & Anr. On 13 May 2008 Law Point: Mere evidence of cruelty and harassment not sufficient to bring in application of Section 304B, IPC — It is to be established that “soon before death” deceased was subjected […]
Court: Punjab and Haryana High Court Bench: JUSTICE G.C. Mital Amarjit Kaur Vs. Chain Singh On 25 October 1983 Law Point: Petition by husband for decree of divorce — Appellant writing letter to respondent stating that he was rascal and his mother, sister and brother’s wife had given birth to bastards — She disowned her […]
Court: Rajasthan High Court Bench: JUSTICE Shiv Kumar Sharma & Khem Chand Sharma Smt. Rukmani Devi Vs. Badri Narayan On 16 July 2001 Law Point: Wife Refused to Cook Food and Insulted Husband in Presence of his Relations : She does not Want to Live with Husband : Decree of Divorce Confirmed. JUDGEMENT 1. Instant […]
Court: Supreme Court Of India Bench: JUSTICE Ranganath Misra and Lalit Mohan Sharma Yamunabai Anantrao Adhav Vs. Anantrao Shivram Adhav And Another On 27 January 1988 Law Point: Conditions for valid marriage — Void and voidable marriages — Appellant married respondent who was already married — The first marriage was subsisting and the first was […]
Court: Supreme Court Of India Bench: JUSTICES Altamas Kabir Cyriac Joseph and S.S. Nijjar Bhushan Kumar Meen vs. State of Punjab and Ors. On 02 September 2011 Law Point: No FIR and proceedings taken there under can be sustained when no prima facie case and offence alleged in said FIR has been made out against […]
Court: Calcutta High Court Bench: JUSTICE Chittatosh Mookerjee and Mukul Gopal Mukherji Krishna Sarbadhikary Vs. Alok Ranjan Sarbadhikaryalok On 16 May 1984 Law Point: Husband’s petition for divorce on ground of wife’s cruelty — Wife frequently departing from matrimonial home without permission putting husband in constant fear and anxiety by leaving suicidal notes — Lodging […]
Court: Himachal Pradesh High Court Bench: JUSTICE Lokeshwar Singh Panta & Arun Kumar Goel Pawna Devi Vs. Chuni Lal On 10 April 1997 Law Point: Section 13(1)(ia) — Cruelty — Not defined under H.M. Act — No strait-jacket formula — Depend upon number of circumstances and facts of case — Factors constituting cruelty — Making […]
Court: Supreme Court of India Bench: JUSTICES N. Santosh Hegde & B.P. Singh Gurucharan Kumar & Anr. Vs. State Of Rajasthan On 8 January 2003 Law Point: Dowry Death : Abetment of Suicide : Evidence on Record does not Suggest Deceased was Subjected to Cruelty or Harassment by her Husband or by her Father-in-law and […]
Court: Delhi High Court Bench: JUSTICE M.L. Jain Lajwanti Chandhok Vs. O.N. Chandhok On 26 August 1981 Law Point: Cruelty — Defamatory complaints to employer or other authorities constitute worse type of cruelty — Cruelty consists not in conduct complained of but in its impact upon spouse. JUDGEMENT 1. The Chandhoks were married on 27.2.1944 […]
Court: High Court Of Uttarakhand Bench: JUSTICE S.K. Gupta Ashutosh Pandey & Ors vs. Smt. Anupama Pandey & Ors. On 11 November 2011 Law Point: Criminal – Section 406- Quashing of proceedings – Prayer sought to quash entire proceedings of criminal complaint case pending before Court – Held, in view of discussion, Court was of […]