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 Equivalent citations: AIR 2005 Bom 62, 2005 (1) BomCR 591, 2004 (4) MhLj 1052 Bench: JUSTICE S Mhase, R Mohite Sudha Suhas Nandanvankar vs Suhas Ramrao Nandanvankar on 15 September, 2004 Law Point: Return of Stridhan,Alimony and Hidding past medical history. JUDGEMENT 1. This appeal is directed against the Judgment and […]
Court: HIGH COURT OF PUNJAB AND HARYANA Civil Revision No. 7432 of 2009(O&M) Bench: Hon’ble Mr. Justice Ajay Tewari Parmodh Kumar vs Meena on February 04, 2010 Mr. H.S. Bedi, Advocate for the petitioner. Mr. Amit Sharma, Advocate for the respondent. Law Point: 6 Months waiver in divorce JUDGEMENT This revision has been filed against […]
Dear Friends, I see a lot of advice about filing RCR (under various matrimonial laws, primarily Sec 9 of Hindu Marriage Act, 1955) whenever you face 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) or threat of 498a (Husband or relative of […]
Communication between Husband and Wife is considered “Privileged Communication” besides being personal and sensitive at most times. As per the Law Dictionary, a conversation that takes place within the context of a protected relationship between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient is called Privileged […]
Approved by Indian Parliament in year 1983, Indian Penal Code 498a (Husband or relative of husband of a woman subjecting her to cruelty: Section 85 & 86 of The Bharariya Nyaya Sanhita, 2023) is a criminal law (not a civil law) which is explained as follows, “Whoever, being the husband or the relative of the […]
Before understanding the difference between review, revision and appeal under the Civil Procedure Code of 1908, let’s examine the Bare Act. Review is a provision under Section 114, which states: Subject as aforesaid, any person considering himself aggrieved- by a decree or order from which an appeal is allowed by this Code, but from which […]
Court: Delhi High Court Bench: SHIV NARAYAN DHINGRA J.L.Goel & Ors. vs Rajesh Kumar Jain & Anr. on 30 August, 2010 Mr. M.A. Khan and Mr. Mir Akhtar Hussain, Adv. For the appellant. Mr. O.P. Saxena, Additional Public Prosecutor For the respondent. Law Point: Commiting forgery with court records, wife changed the FIR with improved version in collusion with record keeper. JUDGEMENT […]
Court: Kerala High Court Bench: Justice K.A.ABDUL GAFOOR and Justice K.R.UDAYABHANU S. Prabhu vs Rajani R. on 25 January, 2007 SRI.MOHAN JACOB GEORGE, Adv. For the appellant. SRI.A.BALAGOPALAN, Adv. For the respondent. Law Point: Child visitation granted to father, jurisdiction explained under GWA JUDGEMENT The appellant and the petitioner is one and the same. He will be described in the judgment as the husband. He […]
Court: Supreme Court of India Bench: G.S. Singhvi, Asok Kumar Ganguly Vikram Vir Vohra vs Shalini Bhalla on 25 March, 2010 Law Point: Wife ordered to file affidavit before taking child abroad JUDGEMENT 1. Leave granted. 2. This appeal by the husband, impugns the judgment and order dated 27.07.09 of Delhi High Court which upheld […]
Court: High Court of Delhi Bench: JUSTICE SHIV NARAYAN DHINGRA Ram Murti Chopra And Anr vs Nagesh Tyagi on 25 September, 2008 Mr. P.Gautam, Adv. For the appellant. Mr. Vikram Nandrajog, Adv. For the respondent. Law Point: Guidelines To Determine Child Custody JUDGEMENT The petitioners are aggrieved by an order dated 15.11.2000 passed by the learned Guardian Judge whereby she allowed an application […]