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: Rajasthan High Court Bench: JUSTICE Shiv Kumar Sharma & Harbans Lal Indu Mishra Vs. Kovid Kumar Gaur & Anr. On 20 December 2005 Law Point: Totally false and baseless allegation leveled against Husband by Wife about having illicit relations with his Bhabhi, clearly tantamounts to cruelty on her part to respondent-husband — Respondent-husband entitled […]
Court: Delhi High Court Bench: JUSTICE Vipin Sanghi SA Vs. AA On 22 March 2016 Law Point: Mental Cruelty — Wife taunted Husband for not being able to satiate her sexual desire on account of his being heavy weight — Calling of names and hurling of abuses. Incidents are grave and weighty matrimonial offences by […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog & Pratibha Rani Nirmala Vs. Manoj Kumar On 14 September 2016 Law Point: Illicit relations — Baseless allegations by wife — Wife suffering from delusion and continuously under treatment — Appellant-wife living with her parents most of the time after her marriage and she had been under […]
Court: Bombay High Court Bench: JUSTICE A.S. Oka, J. & A.A. Sayed Christine Lazarus Menezes Vs. Lazarus Peter Menezes On 21 April 2017 Law Point: Marriage between parties irretrievably broken down — Parties cannot be reasonably expected to live together — Wife has made wild unsubstantiated allegations against husband — Applicant-husband subjected to mental cruelty […]
Court: Calcutta High Court Bench: JUSTICE Jyotiram Bhattacharya & Debi Prosad Dey Rita Bandopadhyay Vs. Abhik Bandopadhyay On 15 June 2015 Law Point: Unfounded allegations against husband not proved by wife — Holy relationship of brother and sister maligned by wife that it pricks to conscience of Court to accept that wife is guilty of […]
Court: Bombay High Court Bench: JUSTICE H.L. Gokhale & V.K. Tahilramani Manisha Sandeep Gade Vs. Sandeep Vinayak Gade On 1 October 2004 Law Point: Allegations made by wife baseless and false and constituted cruelty : Learned Judge right in granting decree of divorce on that ground and rejecting her petition for maintenance under Section 18 […]
Allahabad High Court JUSTICE Binod Kumar Roy & R.K. Mahajan Smt. Sunita Singh Vs. Raj Bahadur Singh & Anr. On 28 July 1998 Law Point: Letters written by wife showed her deep love for other man. She ran away and FIR was lodged. In matrimonial matters direct evidence of adultery is not possible, circumstantial evidence […]
Court: Madhya Pradesh High Court Bench: JUSTICE A.K. Awasthy Narendra Kumar Gupta Vs. Mrs. Mamta Gupta On 16 April 2003 Law Point: Cruelty, Adultery : Wife made scandalous statement against appellant/husband about his illicit relation with his elder brother’s wife : Trial Court wrongly held that allegations made by respondent/wife in her written statement and […]
Court: Punjab and Haryana High Court Bench: JUSTICE J.B. Garg Satyawan Vs. Rekha On 30 May 2016 Law Point: Lodging false criminal case — Contracting second marriage — Respondent-wife lodged false criminal case against appellant-husband and his family — No material to frame charges against appellant and his family members — They were acquitted — […]
Court: Delhi High Court Bench: JUSTICE Hima Kohli & Deepa Sharma Santosh Vs. Hori Lal On 4 August 2017 Law Point: Appellant wife failed to substantiate allegations leveled against respondent-husband even on yardstick of preponderance of evidence — Allegations of such a nature that would have lowered image of respondent in eyes of his superiors, […]