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 Ajit Singh & N.K. Gupta Shikha Tamrakaar Vs. Rohit Tamrakaar On 19 December 2013 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion — Appellant-wife was quarrelsome with her husband and his parents — She was not making meals for them, forced her […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele & D.K. Paliwal Indu Kushwah Vs. Manoj Singh Kushwah On 14 May 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Dissolution of marriage — Appellant-wife committed cruelty within purview of provision of Section 13(1)(ia) of H.M. Act — Leaving matrimonial house […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog, J. & Pratibha Rani Jayanti Vs. Rakesh Mendiratta On 27 Oct 2016 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia), 20(2) — Mental Cruelty — Denial of conjugal relationship by wife — False allegation of sexual perversity against husband — Allegations repeatedly made in written statement […]
Court: Gauhati High Court Bench: JUSTICE T. Vaiphei, ACJ. & Rumi Kumari Phukan Diganta Deka Vs. Upama Deka On 02 February 2016 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Grant of divorce — Respondent-wife left her matrimonial home at her own volition without consent and intimation to appellant-husband — She […]
Court:Madhya Pradesh High Court Bench: JUSTICE V.K. Agarwal Badri Narayan Vs. Savitri On 29 January 2000 Law Point: Wife’s behaviour with Husband and his family members was of continuous torture and harassment. Respondent living with her parents most of the time and came intermittently only to matrimonial home for short intervals — She created trouble, […]
Court:Delhi High Court Bench: JUSTICE Avadh Behari Rohatgi Rajinder Singh Joon Vs. Smt. Tara Wati On 10 January 1980 Law Point: The conduct of the wife in refusing to see the husband lying seriously ill, was such that it amounted to cruelty. It can properly and rationally be stigmatised by the word “cruelty” in its […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Shashi Kumar Vs. Neelam On 8 July 2010 Law Point: Husband was denied sexual access, subjected to abuse, locked out of his room, kicked out of bed, his mother was abused and respondent was not performing any household work — This stands established by evidence […]
Court: Bombay High Court Bench: JUSTICE R.D. Dhanuka Mangesh Balkrushna Bhoir Vs. Leena Mangesh Bhoir On 23 December 2015 Law Point: Cruelty — False complaint by wife — Arrest of Husband and his family members — Taking advantage of one’s own wrong — Respondent-wife filed false complaint alleging offence under Section 498A and other provisions […]
Court: Bombay High Court Bench: JUSTICE A.S. Oka & S.C. Gupta Mr. M. Vs. Mrs. M On 7 February 2014 Law Point: Cruelty — Desertion — Respondent-wife has not substantiated allegations of cruelty in her evidence — She could not substantiate allegations even in Criminal Court — Appellant and his family members were subjected to […]
Court: Rajasthan High Court Bench: JUSTICE Amitava Roy, CJ. & Vijay Bishnoi Suresh Gurjar Vs. Usha Gurjar On 16 May 2014 Law Point: Section 13(1)(ia) — Cruelty — Dissolution of Marriage — Respondent wife was adament in her disinclination to discharge her marital obligations including cohabitation — Coupled with this is institution of criminal case […]