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 B Chavan Dattatrey S/O Champatgir Giri Vs. The State Of Maharashtra On 24 September 1992 Law Point: Grant of maintenance – Where wife has no justification for withdrawal from the company of her husband, grant of maintenance liable to be set aside. JUDGEMENT 1. By this […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Punjab and Haryana High Court Bench: JUSTICE Jaishree Thakur Eshan Joshi Vs. Suman On 23 January 2018 Law Point: Petitioner challenged that the complaint is without jurisdiction. High Court thus with its vast inherent powers […]
Court: Himachal Pradesh High Court Bench: JUSTICE M. Srinivasan Hem Raj Vs. Urmila Devi & Ors. On 8 November 1996 Law Point: Contested proceedings in Civil Court for restitution of conjugal rights — Court coming to a conclusion that wife had no just or reasonable cause to withdraw her society from husband — No subsequent […]
Court: Calcutta High Court Bench: JUSTICE D.P. Sircar Chandra Mohan Majhi Vs. Smt. Kaushalya Majhi On 20 February 1997 Law Point: Maintenance –– Without sufficient materials to prove fact — Second party cannot be saddled with responsibility of marriage and maintaining first party –– Party claiming maintenance to prove marriage as per religious rites and […]
Court: Bombay High Court Bench: JUSTICE A.S. Oka, J. & A.A. Sayed Christine Lazarus Menezes Vs. Lazarus Peter Menezes On 21 April 2017 Law Point: Marriage between parties irretrievably broken down — Parties cannot be reasonably expected to live together — Wife has made wild unsubstantiated allegations against husband — Applicant-husband subjected to mental cruelty […]
Court: Delhi High Court Bench: JUSTICE PRATIBHA RANI Poonam Tanwar Vs. Sube Singh Tanwar On 20 December 2016 Law Point: A house which is owned by Mother in Law or Father in Law is not the matrimonial house and the right to residence is available against Husband. JUDGEMENT 1. This Regular Second Appeal is filed […]
Court: Calcutta High Court Bench: JUSTICE Jyotiram Bhattacharya & Debi Prosad Dey Rita Bandopadhyay Vs. Abhik Bandopadhyay On 15 June 2015 Law Point: Unfounded allegations against husband not proved by wife — Holy relationship of brother and sister maligned by wife that it pricks to conscience of Court to accept that wife is guilty of […]
Court: Rajasthan High Court Bench: JUSTICE VIJAY KUMAR VYAS Mukesh vs Smt Sangeeta On 25 July 2017 Law Point: Wife willingly left Husband and living with some other person alleged to be her new husband. Material made available by husband enough to rebut the claim of maintenance. JUDGEMENT Learned counsel for the petitioner submits that […]
Court: Bombay High Court Bench: JUSTICE H.L. Gokhale & V.K. Tahilramani Manisha Sandeep Gade Vs. Sandeep Vinayak Gade On 1 October 2004 Law Point: Allegations made by wife baseless and false and constituted cruelty : Learned Judge right in granting decree of divorce on that ground and rejecting her petition for maintenance under Section 18 […]
Court: Punjab and Haryana High Court Bench: JUSTICE T.P.S. MANN and JUSTICE MAHABIR SINGH SINDHU Jagvati vs State Of Haryana And Anr on 14 November 2017 Law Point: Rape -Acquittal- Allegation that she was put under fear of terror and forced her to engage in sexual intercourse is not acceptable in view of the fact […]