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: Allahabad High Court Bench: JUSTICE Suneet Kumar Sanjeev Kumar Singh Vs. Poonam Singh On 13 October 2017 Law Point: Mental Cruelty — Malicious and damaging letters — Adultery not proved — Humiliating words in complaint — Parties living separately for past 14 years — Marriage broken down irretrievably — Criminal cases lodged by respondent-wife […]
Court: Jharkhand High Court Bench: JUSTICES Aparesh Kumar Singh, B.B. Mangalmurti Sujoy Ghosh Dastidar Vs. Dayita Ghosh Dastidar On 18 December 2017 Law Point: Cruelty — Desertion – Continuous desertion on part of respondent-wife is reflective of her indifference or total departure from normal standard of conjugal relationship — Appellant-husband is compelled to live with […]
Court: Madras High Court Bench: JUSTICE M. Govindaraj G. Kesavan Vs. P. Visalakshi On 2 February 2018 Law Point: Section 13(1)(ia) — Mental Cruelty — Denial of conjugal relationship and insistence for setting up separate home will amount to cruelty to husband — No strong reason adduced by respondent/wife to establish harassment or torture by […]
Court: Orissa High Court Bench: JUSTICE Dr. A.K. Rath Prasanta Kumar Mishra Vs. Suryamani Mishra On 11 August 2017 Law Point: Section 13 (1)(ia) — Cruelty — Five months after marriage respondent-wife insisted husband for staying separate — When husband refused, she threatened to commit suicide — Even attempted to commit suicide — Confession of […]
Court: Andhra Pradesh High Court Bench: JUSTICE V. Ramasubramanian & N. Balayogi Soma Ramchandram Vs. Soma Anitha & Anr. On 22 June 2017 Law Point: Cruelty — Illicit intimacy — Allegedly first respondent was living in adultery with second respondent — They have a child also — As per DNA Test, appellant-husband has been held […]
Court:SUPREME COURT OF INDIA Bench: JUSTICE Pinaki Chandra Ghose & N.V. Ramana ASHOK Vs. STATE OF MAHARASHTRA On 11 March 2015 Law Point: Section 498A – Proof of offence – Proximity Test – Stale incident cannot be pressed into service by prosecution to prove cruelty. JUDGEMENT 1. This criminal appeal arises from […]
Court: Supreme Court Of India Bench: JUSTICE Abhay Manohar Sapre & Uday Umesh Lalit Manju Kumari Singh @ Smt. Manju Singh Vs. Avinash Kumar Singh On 25 July 2018 Law Point: Dissolution of Marriage — Power of Supreme Court — Enforcement of order — Parties have been living separately for more than decade — All […]
Court: Chhattisgarh High Court Bench: JUSTICE Sharad Kumar Gupta Hemant Kumar Patel Vs. Uma Patel @ Toshika Patel On 20 April 2018 Law Point: Section 13(1)(ia) — Cruelty — Cruelty is an act committed with intention to cause sufferings to opposite party and it has become intolerable for other to suffer any longer and to […]
Court: Delhi High Court Bench: JUSTICE D.K. Kapur Daya Wati Vs. Raj Singh Law Point: Cold indifference like not visiting the hospitalized husband amounts to cruelty. JUDGEMENT 1. The respondent-husband Lt. Raj Singh Mathur has applied for divorce under Section 13 of the Hindu Marriage Act, 1955, on the ground of cruelty as well as […]
Court: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena Rani Vs. Amar Nath On 11 September 1996 Law Point: Section 13(1)(ia) –– Cruelty — Acts of wife proving her incorrigible conduct –– Amounts to cruelty towards her husband –– Wife can’t be allowed to take advantage of her own wrong. JUDGEMENT 1. Wife […]