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: Punjab and Haryana High Court Bench: JUSTICE G.C. Mital Amarjit Kaur Vs. Chain Singh On 25 October 1983 Law Point: Petition by husband for decree of divorce — Appellant writing letter to respondent stating that he was rascal and his mother, sister and brother’s wife had given birth to bastards — She disowned her […]
Court: Rajasthan High Court Bench: JUSTICE Shiv Kumar Sharma & Khem Chand Sharma Smt. Rukmani Devi Vs. Badri Narayan On 16 July 2001 Law Point: Wife Refused to Cook Food and Insulted Husband in Presence of his Relations : She does not Want to Live with Husband : Decree of Divorce Confirmed. JUDGEMENT 1. Instant […]
Court: Calcutta High Court Bench: JUSTICE Chittatosh Mookerjee and Mukul Gopal Mukherji Krishna Sarbadhikary Vs. Alok Ranjan Sarbadhikaryalok On 16 May 1984 Law Point: Husband’s petition for divorce on ground of wife’s cruelty — Wife frequently departing from matrimonial home without permission putting husband in constant fear and anxiety by leaving suicidal notes — Lodging […]
Court: Himachal Pradesh High Court Bench: JUSTICE Lokeshwar Singh Panta & Arun Kumar Goel Pawna Devi Vs. Chuni Lal On 10 April 1997 Law Point: Section 13(1)(ia) — Cruelty — Not defined under H.M. Act — No strait-jacket formula — Depend upon number of circumstances and facts of case — Factors constituting cruelty — Making […]
Court: Delhi High Court Bench: JUSTICE M.L. Jain Lajwanti Chandhok Vs. O.N. Chandhok On 26 August 1981 Law Point: Cruelty — Defamatory complaints to employer or other authorities constitute worse type of cruelty — Cruelty consists not in conduct complained of but in its impact upon spouse. JUDGEMENT 1. The Chandhoks were married on 27.2.1944 […]
Court: Supreme Court of India Bench: JUSTICE H.S. Bedi & Gyan Sudha Misra Maniklal Jain & Ors. Vs. State Of M.P. On 14 July 2011 Law Point: Dowry Death, Cruelty — Only general demands for dowry had been made with respect to other accused and no serious allegations have been levelled against appellant ‘SJ’ — […]
Court: Andhra Pradesh High Court Bench: JUSTICE Dr. Motilal B. Naik & A. Gopal Reddy D. Manga @ Mangamma Vs. D. Venkata Ramana On 9 September 1999 Law Point: Cruelty : Sufficient Material Against Wife : Marriage Irretrievably Broken Down — Behaviour of respondent-wife such that it is impossible for petitioner-husband to share marital life […]
Court: Madhya Pradesh High Court Bench: JUSTICE N.P. Singh Smt. Chandan Agarwal Vs. Mukesh Kumar Agarwal On 18 January 1996 Law Point: Lodging of false criminal report by wife against her husband & his family — Leading to arrest of husband & harassment of his family — Refusal by wife to fulfill sexual desire of […]
Court: Delhi High Court Bench: JUSTICES A.B. Rohtagi and Gian Chand Jain Kamini Gupta Vs. Mukesh Kumar Gupta On 22 November 1984 Law Point: Charges of immorality levelled by wife against husband were reckless and entirely baseless. Further, wife’s own evidence before Court led credence to husband’s case that wife insulted and humiliated him by […]
Court: Delhi High Court Bench: JUSTICE Mahinder Narain Savitri Balchandani Vs. Mulchand Balchandani On 14 February 1986 Law Point: Section 13(1)(ib) — Wife’s desertion since 28.9.79 — Wife leaving matrimonial home as her own — Allegation that she was driven out not believable — Whether husband is also entitled to decree of divorce on ground […]