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
SUPREME COURT OF INDIA JUSTICE S.A. Bobde, J. & L. Nageswara Rao Anurag Mittal Vs. Shaily Mishra Mittal On 24 August 2018 Law Point: Marriage Solemnized during pendency of appeal against decree of divorce — Withdrawal would be complete as soon as the plaintiff files his purshis of withdrawal — Appeal is deemed to have […]
SUPREME COURT OF INDIA JUSTICE B.N. Agrawal, P.P. Naolekar & Dalveer Bhandari Samar Ghosh Vs. Jaya Ghosh On 26 March 2007 Law Point: She unilaterally declared her decision not to give birth to child for 2 years and appellant should not be inquisitive about her child and keep himself aloof as far as possible — […]
BOMBAY HIGH COURT JUSTICE A.V. Savant & S.S. Parkar Bhagwan Raoji Dale Vs. Sushma @ Nanda Bhawan Dale & Anr. On 18 April 1998 Law Point: Wife, Divorcee : Extended Definition of Word ‘Wife’ Cannot Be Claimed — Wife withdrew herself from society of her husband without any reasonable cause and without consent of her […]
MADHYA PRADESH HIGH COURT JUSTICE S.K. Gangele, J. & Akhil Kumar Shrivastava BALIRAM Vs. SUMITRA On 18 July 2018 Law Point: He was suspended and subjected to departmental inquiry – Husband entitled for decree of divorce. JUDGEMENT Appellant has filed this appeal against the judgment dated 6.1.2007 passed in Civil Suit No. 21-A/2006. By the […]
JHARKHAND HIGH COURT JUSTICE H.C. Mishra, J. & Dr. S.N. Pathak Kumari Pooja @ Pooja Kumari Vs. Nandan Kumar @ Munna On 6 February 2017 Law Point: Void Marriage — Appellant-wife pregnant at the time of her marriage by some person other than Respondent-husband — Unimpeachable evidence that female child born to appellant within 6 […]
Court: JHARKHAND HIGH COURT Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Ajay Narayan Das Vs. Asha Devi On 2 February 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Implicating family of husband in criminal case knowingly amounts to cruelty — With a view to put pressure upon […]
Court: Uttarakhand High Court Bench: JUSTICE Rajiv Sharma, J. & Sharad Kumar Sharma Satya Prakash Dhyani Vs. Pinki Devi Dhyani On 8 September 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Illicit relationship and physical involvement of respondent-wife — Allegation by appellant-husband against respondent-wife is not a trifle issue […]
Court: Uttarakhand High Court Bench: JUSTICE Prafulla C. Pant & V.K. Bist Santosh Kumar Vs. Asha Budakoti On 13 June 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Working wife not joining company of husband for long time, more than 5 years and not coming to husband’s house even during […]
Court: Bombay High Court Bench: JUSTICE V.K. Tahilramani & V.L. Achliya Hemali Bindesh Kelaiya Vs. Bindesh Jayantilal Kelaiya On 13 May 1994 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(iii) — Evidence Act, 1872 — Section 65 — Cruelty — Mental disorder — Failure to prove both grounds — Non-entitlement of wife to […]
Court: Punjab and Haryana High Court Bench: JUSTICE S.S. Saron & Navita Singh Imlesh Vs. Amit On 4 February 2014 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 9 — Cruelty — Restitution of Conjugal Rights — Dismissal of application under Section 9 of Act, filed by wife — Wife filed case under Section […]