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: Punjab and Haryana High Court Bench: JUSTICE Rekha Mittal Urmila Vs. Ramesh Chander On 16 March 2017 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 19 — Right of residence — House owned by grandfather of husband — No material on record to prove that house is joint Hindu […]
Court: Gauhati High Court Bench: JUSTICE B.P. Katakey, P.K. Saikia Smt. Bichitra Bharali Kalita Vs. Dipak Chandra Kalita on 12 March 2014 Law Point: Wife lodged false criminal proceeding and threatened to commit suicide. Levelling such serious allegations, in absence of any proof thereof, itself amounts to cruelty. Divorce granted on the ground of cruelty. […]
Court:Supreme Court of India Bench: JUSTICE J.B. Garg Chirag M. Pathak vs Dollyben Kantilal Patel on 15 November 2017 Law Point: Only when on reading the FIR, a sheer absurdity in the allegations is noticed and when no prima facie cognizable case is made out on its mere reading due to absurdity in the allegations […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Mohd. Aslam and Ors. vs. State (NCT of Delhi) On 11 September 2017 Law Point: Recently tendency had developed for roping in all relations of in-laws as accused persons and this appears to be case here too – Prosecution had failed to prove either any dowry demand […]
Court: Uttaranchal High Court Bench: JUSTICE J.B. Garg Smt Sadhna Pandey And Another Vs. State Of Uttarakhand And Another on 3 May 2017 Law Point: Quashing of proceedings – abetment of suicide – Deceased committed suicide being disturbed by family feud and pending cases relating to matrimonial dispute – FIR was lodged by father of […]
Court: Calcutta High Court Bench: JUSTICE Joymalya Bagchi Baiju Radhakrishnan Nair vs Unknown On 14 July 2017 Law Point: Quashing of proceedings – Police report – Documents do not form part of police report cannot be looked into by High Court in exercise of inherent jurisdiction to quash criminal proceedings. JUDGEMENT Petitioner […]
Court: Karnataka High Court Bench: JUSTICE M.S. Nesargi Abdulmunaf Vs. Salima on 29 May 1978 Law Point: Wife is capable of earning in view of her being a normal healthy person and educated up to SSLC. Refusal to earning by such wife may be taken into consideration while considering the quantum of maintenance. JUDGEMENT 1. […]
Court: Allahabad High Court Bench: JUSTICE Rajiv Sharma and Mahendra Daya Archana Sharma Vs. Mukesh Kumar Sharma On 22 September 2014 Law Point: Divorce on ground of cruelty – Appeal – Cruelty includes not only physical cruelty but also mental cruelty. Sufficient material on record to prove that wife had treated husband with mental cruelty […]
Court: Karnataka High Court Bench: JUSTICE J.B. Garg Veerashetty and Ors. vs. Suresh On 13 April 2017 Law Point: SECTION 125-Claim for maintenance by an aged father against his two sons-Order passed by the Family Court directing the petitioners/sons to pay maintenance to the respondent/father-Revision against-Sacrosanct duty of children to maintain their parents. JUDGEMENT 1. […]
Court: Delhi High Court Bench: JUSTICE Sanjiv Khanna and R.K. Gauba Shaukat and Ors. Vs. State On 24 November 2015 Law Point: Error free CDRs with data like IMEI number give an equanimous assurance that the mobile phone instrument was used with the particular SIM card. CDRs with IMEI number, when authentic, would conclusively establish […]