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:Delhi High Court Bench: JUSTICE Avadh Behari Rohatgi Rajinder Singh Joon Vs. Smt. Tara Wati On 10 January 1980 Law Point: The conduct of the wife in refusing to see the husband lying seriously ill, was such that it amounted to cruelty. It can properly and rationally be stigmatised by the word “cruelty” in its […]
Court: Delhi High Court Bench: JUSTICE S.S. Chadha M.k. Malhotra Vs. Kirti Malhotra On 18 December 1986 Law Point: Husband suffered mental cruelty during the period the complaint of the Wife against the Husband was being investigated and enquired into by the Govt. The Wife made accusation and imputation during the trial against the Husband […]
Court: Kerala High Court Bench: JUSTICES M.M. Pareed Pillay & V.V. Kamat Mohanan Vs. Thankamani On 9 September 1994 Law Point: Mental Cruelty — Murder of two minor children — Amounted to cruelty of the worst-sort — Single act of violence against the children establishes the cruel conduct — Amounts to infliction of mental cruelty. […]
Court:Supreme Court of India Bench: JUSTICE N. Santosh Hegde & B.P. Singh Lella Srinivasa Rao Vs. State Of Andhra Pradesh On 26 February 2004 Law Point: Abetment of Suicide, Cruelty : Inconsistency between two dying declarations : High Court gave acquittal under Section 306, IPC : Witnesses declared hostile by prosecution : Prosecution failed to […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Shashi Kumar Vs. Neelam On 8 July 2010 Law Point: Husband was denied sexual access, subjected to abuse, locked out of his room, kicked out of bed, his mother was abused and respondent was not performing any household work — This stands established by evidence […]
Court: Bombay High Court Bench: JUSTICE R.D. Dhanuka Mangesh Balkrushna Bhoir Vs. Leena Mangesh Bhoir On 23 December 2015 Law Point: Cruelty — False complaint by wife — Arrest of Husband and his family members — Taking advantage of one’s own wrong — Respondent-wife filed false complaint alleging offence under Section 498A and other provisions […]
Court: Bombay High Court Bench: JUSTICE A.S. Oka & S.C. Gupta Mr. M. Vs. Mrs. M On 7 February 2014 Law Point: Cruelty — Desertion — Respondent-wife has not substantiated allegations of cruelty in her evidence — She could not substantiate allegations even in Criminal Court — Appellant and his family members were subjected to […]
Court: Rajasthan High Court Bench: JUSTICE Amitava Roy, CJ. & Vijay Bishnoi Suresh Gurjar Vs. Usha Gurjar On 16 May 2014 Law Point: Section 13(1)(ia) — Cruelty — Dissolution of Marriage — Respondent wife was adament in her disinclination to discharge her marital obligations including cohabitation — Coupled with this is institution of criminal case […]
Court: Rajasthan High Court Bench: JUSTICE Shiv Kumar Sharma & Guman Singh Sushila Agrawal Vs. Ramesh Chandra Agrawal On 1.5.2007 Law Point: Cruelty — Dissolution of Marriage – Children of husband from earlier marriage had to be shifted to Jaipur on account of atrocious behaviour of wife — Wife found to have adopted double standard […]
Court: Madhya Pradesh High Court Bench: JUSTICE K.L. Shrivastava Usha Vs. Vimal Kumar On 5 January 1987 Law Point: Section 13(1)(ia) — Husband’s petition for divorce on wife’s cruelty — Wife asked to accompany husband and engaged herself in a scuffle with him and also slapped him — Altercation seen by witness — Her behaviour […]