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 V.K. Tahilramani & V.L. Achliya Hemali Bindesh Kelaiya Vs. Bindesh Jayantilal Kelaiya On 13 May 1994 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(iii) — Evidence Act, 1872 — Section 65 — Cruelty — Mental disorder — Failure to prove both grounds — Non-entitlement of wife to […]
Court: Rajasthan High Court Bench: JUSTICE Sangeet Lodha Pushpa Vs. Damodar & Anr. On 6 January 2016 Law Point: Civil Procedure Code, 1908 — Section 11 — Hindu Marriage Act, 1955 — Sections 13(1A)(ii), 9 — Res judicata — Subsequent divorce petition — No restitution of conjugal rights — Cruelty — Mother not in issue […]
Court: Calcutta High Court Bench: JUSTICE Kanchan Chakraborty Sambhunath Das & Ors. Vs. State Of West Bengal On 3 December 2013 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of Suicide — Cruelty — Common intention — Death of deceased by hanging in matrimonial […]
Bombay High Court JUSTICE P.V. Hardas & A.S. Gadkari Balwant Daulat Patil (Dr.) Vs. State Of Maharashtra On 8 April 2014 Law Point: Sections 302, 306, 304B — Appeal against acquittal — No evidence that accused had instigated deceased to commit suicide or had in any manner ill-treated thereby creating a situation which would drive […]
Court: Andhra Pradesh High Court Bench: JUSTICE L. Narasimha Reddy & K.G. Shankar D. Swarnalatha Vs. D. Appa Rao On 20 March 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — No case made out to grant divorce by appellant-wife — Parties lived together for 15 years — Differences started when […]
Court: Patna High Court Bench: JUSTICE Aditya Kumar Trivedi Md. Serfuddin @ Sharafa Vs. State Of Bihar & Anr. On 18 December 2013 Law Point: Indian Penal Code, 1860 — Section 498A — Cruelty — Allegation of brutal assault against husband — Testimony of PWs 1 and 2 not reliable — Taking into account nature […]
Court: Punjab and Haryana High Court Bench: JUSTICE S.S. Saron & Navita Singh Imlesh Vs. Amit On 4 February 2014 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 9 — Cruelty — Restitution of Conjugal Rights — Dismissal of application under Section 9 of Act, filed by wife — Wife filed case under Section […]
Court: Delhi High Court Bench: JUSTICE A.K. Sikri & Ajit Bharihoke Naresh Vs. State Of NCT of Delhi On 12 May 2010 Law Point: Indian Penal Code, 1860 — Sections 302, 498A — Criminal Procedure Code, 1973 — Section 313(1)(b) — Murder, Cruelty — Lapse in examination of accused — Incriminating evidence against accused not […]
Court: Bombay High Court Bench: JUSTICE P.D. Kode Sandesh & Ors. Vs. State Of Maharashtra & Anr. On 24 July 2013 Law Point: Indian Penal Code, 1860 — Sections 494, 498A, 323, 34 — Criminal Procedure Code, 1973 — Section 482 — Bigamy — Cruelty — Hurt — Common Intention — Quashing of proceedings — […]
Court: Allahabad High Court Bench: JUSTICE Arun Tandon & Abhai Kumar Sunil Kumar Chaurasia Vs. Neelima On 22 April 2016 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13A, 9 — Family Courts Act, 1984 — Section 19 — Cruelty — Judicial Separation — Restitution of conjugal rights — Parties living separately for past […]