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.K. Batta Sayyed Jabbar Ali Vs. Mst. Saheba Fatima On 11 October 2001 Law Point: Ill-treatment cannot be substantiated on basis of general allegations in absence of any details. Inspite of Decree for Conjugal Rights, Wife Without Justifiable Reason Did Not Join Husband and Cannot Claim Maintenance. […]
Court: Punjab and Haryana Court Bench: JUSTICE D.S. Tewatia Teja Singh Vs. Smt. Chhoto On 18 May 1981 Law Point: In ‘Maintenance’ proceedings under S. 125 Cr.P.C., when there is a finding of fact returned by a Civil Court earlier — Whether under S. 127(2) the said finding is to be considered and acted upon […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Shashi Bala Vs. Rajiv Arora On 21 March 2012 Law Point: Denial of sexual intercourse after marriage — Refusal to perform customary rituals — Sex is the foundation of marriage and marriage without sex is an anathema — Wilful denial of sexual intercourse without reasonable cause would […]
Court: Allahabad High Court Bench: JUSTICE R.P. Misra & Krishna Murari Sadhana Srivastava Vs. Arvind Kumar Srivastava On 6 September 2005 Law Point: Mental and Physical Cruelty: Allegations of having an illicit relationship and extramarital affairs made by wife against husband amounted to cruelty: Various criminal proceedings initiated against husband found to be a false […]
Court: Delhi High Court Bench: JUSTICE S.P. Garg Rashmi Raikhy & Anr. Vs. State Of Nct Delhi & Ors. ORS. On 1 February 2018 Law Point: Sections 406, 498A, 34 — Quashing of Look Out Circular (LOC) — Criminal breach of Trust — Cruelty — Common Intention — Petitioner No. 1 is facing trial for […]
Court: Rajasthan High Court Bench: JUSTICE Shiv Kumar Sharma & Harbans Lal Indu Mishra Vs. Kovid Kumar Gaur & Anr. On 20 December 2005 Law Point: Totally false and baseless allegation leveled against Husband by Wife about having illicit relations with his Bhabhi, clearly tantamounts to cruelty on her part to respondent-husband — Respondent-husband entitled […]
Court: Bombay High Court Bench: JUSTICE B.P. Dharmadhikari Venubai Vs. Laxman Lahanuji Rambhad and Ors. On 18 January 2018 Law Point: Daughter in law has no right over self acquired property of Father in Law. JUDGEMENT 1. Heard Shri Deopujari, learned Counsel for the appellants. Nobody has appeared for respondents on 10th, […]
Court: Delhi High Court Bench: JUSTICE Vipin Sanghi SA Vs. AA On 22 March 2016 Law Point: Mental Cruelty — Wife taunted Husband for not being able to satiate her sexual desire on account of his being heavy weight — Calling of names and hurling of abuses. Incidents are grave and weighty matrimonial offences by […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Yashika Mehndiratta Vs. Amit Mehndiratta On 2 May 2013 Law Point: Maintenance — Non-grant of — Petitioner wife though always willing to join company of her husband and stay in matrimonial home but pressurized by her parents to live with them at her parental house — Husband-respondent […]