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 D.M. Dharmadhikari Pushpa Datt Mishra vs. Smt. Archana Mishra alias Premvati Choubey On 08 May 1991 Law Point: Reckless allegation of wife in her pleadings and in her testimony before Court alleging adultery against husband furnishes a ground to grant a decree of divorce in favour of husband […]
Court: Uttarakhand High Court Bench: JUSTICE Prafulla C. Pant & Sudhanshu Dhulia Anandi Devi Vs. Komal Kumar On 2 December 2010 Law Point: Wife made no attempt to come back to her husband’s house nor tried to contact him over phone — Husband has sufficiently proved on record that he was subjected to cruelty by […]
Delhi High Court JUSTICE Najmi Waziri Mrs. Anil Singh vs Dr. Narender Singh On 21 August 2014 Law Point: Allegations of adultery – Burden of Proof – Allegations of adultery made by wife. Allegations of adultery have a consequence of damaging one’s reputation, taking away the dignity of that person in the eyes of his […]
Court: Punjab and Haryana High Court Bench: JUSTICE Ritu Bahri Mangat Singh and Ors. Vs. State of Punjab On 25 January 2017 Law Point: In the absence of any cruelty, dying declaration itself cannot be made basis for conviction-Accused acquitted. JUDGEMENT 1. This appeal has been filed by the appellants against the judgment of conviction […]
Court: Bomaby High Court Bench: JUSTICE P.R. Bora Vivek Vs. Minal On 11 September 2017 Law Point: Sufficient proof of allegation of cruelty by husband on part of wife — No reason to refuse decree of divorce. JUDGEMENT 1. Aggrieved by the Judgment and decree passed in Special Marriage Petition No. 06 of 2009 by […]
Court: Punjab and Haryana Court Bench: JUSTICE M.C. Garg and Sheel Nagu Mamta Bhardwaj vs. Madhusudan Bhardwaj On 16 January 2015 Law Point: Wife made allegations on her sister-in-law to create situation where relationship between parties comes to worst. Wife was guilty of inflicting cruelty upon Husband including mental cruelty of worst kind. Marriage dissolved. […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dharam Chand Chaudhary and Chander Bhusan Barowalia Varinder Singh vs. State of Himachal Pradesh and Ors. On 23 March 2017 Law Point: Abetment of suicide – Prosecution has is required to plead and prove that one person instigated another person to commit suicide and as a result of […]
Court: Delhi High Court Bench: JUSTICE Vipin Sanghi AS Vs. SNS On 7 January 2016 Law Point: Cruelty — Desertion — Appellant-wife failed to lead cogent evidence to establish respondent-husband created such circumstances that it was not possible for her to reside in matrimonial home — Wife made reckless allegations against husband of being womanizer […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Shashi Bala Vs. Rajiv Arora On 21 March 2012 Law Point: Denial of sexual intercourse after marriage — Refusal to perform customary rituals — Sex is the foundation of marriage and marriage without sex is an anathema — Wilful denial of sexual intercourse without reasonable cause would […]
Court: Allahabad High Court Bench: JUSTICE R.P. Misra & Krishna Murari Sadhana Srivastava Vs. Arvind Kumar Srivastava On 6 September 2005 Law Point: Mental and Physical Cruelty: Allegations of having an illicit relationship and extramarital affairs made by wife against husband amounted to cruelty: Various criminal proceedings initiated against husband found to be a false […]