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: Patna High Court Bench: JUSTICE Abhiram Singh Banshi Das Vs. Jitni Debi On 18 May 1983 Law Point: Section 125(1) and 125(3) — Compromise on application for maintenance — Wife to go to live with husband — Should husband neglect again to maintain her she would be entitled to Rs. 200/- p.m. as maintenance […]
Court: Madhya Pradesh High Court Bench: JUSTICE N.K. Gupta Ram Prasad Vs. Geeta Mehra On 9 January 2014 Law Point: Maintenance — Non-entitlement — Perverse orders passed in favour of respondent-wife — Respondent left matrimonial home without any justifiable ground and she refused to come back — Orders passed by Courts below reversed and set […]
Court: Supreme Court Of India Bench: JUSTICES Sudhansu Jyoti Mukhopadhaya & Kurian Joseph Swapnil And Others Vs. State Of M.P. On 9 May 2014 Law Point: Allegations are vague and bereft of details as to place and time of incident — Second respondent-wife living separately since April, 2011 — No question of any beating by […]
Allahabad High Court JUSTICE Binod Kumar Roy & R.K. Mahajan Smt. Sunita Singh Vs. Raj Bahadur Singh & Anr. On 28 July 1998 Law Point: Letters written by wife showed her deep love for other man. She ran away and FIR was lodged. In matrimonial matters direct evidence of adultery is not possible, circumstantial evidence […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & N.V. Ramana Ram Saran Varshney And Others Vs. State Of U.P. and Another On 5 February 2016 Law Point: No clear allegations have been leveled by Wife against any of her sister in laws. Visits by sister in laws cannot be treated as occasions […]
Court: Supreme Court Of India Bench: JUSTICE Anil R. Dave & L. Nageswara Rao Narendra Vs. K. Meena On 6 October 2016 Law Point: Constant persuasion by wife for getting separated from family members of husband — Wife wanted husband to leave his parents — Persistent effort of respondent-wife to constrain the appellant-husband to be […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Vikramajit Sen Sherish Hardenia & Ors., Amrish Hardenia Vs. State Of M.P. & Anr. On 13 December 2013 Law Point: Offence of cruelty – Pleas founded on limitation have to be viewed with great circumspection. JUDGEMENT 1. Leave granted. These appeals assail […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Kerala High Court Bench: JUSTICE Sasidharan Nambiar Dr. Satheesh N.V. and Ors. Vs. State of Kerala and Ors. On 15 July 2009 Law Point: Cognizance of offence – Lack of territorial jurisdiction- Petition to quash […]
Court: Andhra Pradesh High Court Bench: JUSTICE Rama Rao K. Sivarama Krishna Prasad Vs. K. Bharath And Another On 25 April 1985 Law Point: Section 125(1) and Explanation (b) — Hindu Marriage Act, 1955 — Sections 11, 12 and 16 — At wife’s insistence a decree of annulment of marriage was passed u/s 12 of […]
Court: Delhi High Court Bench: JUSTICE Mr. Malik Sharief-Ud-Din and Mr. Dalveer Bhandari Kala Aggarwal Vs. Suraj Prakash Aggarwal and Others On 27 March 1992 Law Point: Petition filed under Art. 32 before Supreme Court—Transferred—Petitioner divorced from Resp. 1 by decree passed by Court of U.S.A.—Being appointed managing conservator of children—Resp. as possessory conservator—Res. brought […]