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: Madhya Pradesh High Court Bench: JUSTICE R.K. Verma Rajni Vs. Shantilal On 28 October 1991 Law Point: Section 13 — Cruelty — Husbands petition for divorce — Ground — Cruelty — Marriage took place in 1976 — Wife living with the husband only two or three times — Tried to commit suicide — Wife […]
Court: Delhi High Court Bench: JUSTICE N.N. Goswamy Darshna Kumari Alias Worsely Vs. Inder Kumar Arora On 26 August 1982 Law Point: Section 13(1)(ia) — Divorce granted to husband on account of wife’s cruelty — Wife filing criminal complaints against husband and his parents. Beating to husband by wife and her brothers. Aforesaid acts of […]
Court: Bombay High Court Bench: JUSTICES K.K. Tated & Sarang V. Kotwal Shantaram Tukaram Sarfare Vs. Sandhya Shantaram Sarfare On 12 January 2018 Law Point: Cruelty — Sufficient cause — Grant of divorce — Unreasonable criminal proceedings initiated by respondent-wife — Appellant-husband suffered tremendous mental agony — Not possible for him to cohabit with respondent-wife […]
Court: Punjab And Haryana High Court Bench: JUSTICE J.V. Gupta Manorma Vs. Karan Singh On 10 January 1983 Law Point: Section 13(1)(ia) — Husband’s petition for divorce on ground of wife’s cruelty — Husband proving continuous contempt, disrespect and misbehaviour of wife towards him and his family members causing mental agony — Wife even not […]
Court: Delhi High Court Bench: JUSTICE V.K. Shali Chander Kanta Lamba & Ors. Vs. State & Ors. On 21 December 2009 Law Point: Sections 498A, 34 — Cruelty, Common Intention — Charge against petitioners not prima facie made out nor any grave suspicion raised — It is highly improbable to assume that married sisters of […]
Court: Andhra Pradesh High Court Bench: JUSTICE U. Durga Prasad Rao Myla Sunitha Priyadarshini Vs. Sho Nandyal Iii Town P.s. And State Of A.P. & Anr. On 13 April 2015 Law Point: Section 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of Proceedings — Cruelty — Dowry Demand — No specific […]
Court: Calcutta High Court Bench: JUSTICE Dilip Kumar Seth & Subhro Kamal Mukherjee Smt. Kakali Das Vs. Dr. Asish Kumar Das On 11 February 2004 Law Point: Cruelty: Mental Cruelty: Wife asserted husband had illicit relationship with many women: It was for wife to prove such allegations: It was not for husband to prove allegations […]
Court: Madras High Court Bench: JUSTICE P. Sathasivam & A.K. Rajan S. Indrakumari Vs. S. Subbaiah On 13 May 1994 Law Point: Section 13(1)(ia) — Cruelty : Wilful denial of sexual relationship by spouse, when other spouse anxious for it, would amount to mental cruelty : Family Court rightly granted decree of divorce. JUDGEMENT 1. […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele & Anurag Shrivastava Neelima Vs. Dhiraj Singh On 13 December 2017 Law Point: Mental Cruelty — Wife lodged complaint under Section 498A, IPC against husband and his family members — They were arrested and subsequently acquitted — Conduct of wife amounts to mental cruelty against husband. […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele, J. & Anurag Shrivatava Vijay Vathvi Vs. Chhaya Vathvi On 14 February 2018 Law Point: Mental Cruelty — Wife left matrimonial home without any cause — Non-compliance of compromise under Section 9 of HMA — Mental cruelty with appellant-husband as not performing marriage obligation — Appellant-husband […]