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: Delhi High Court Bench: JUSTICE Jagdish Chandra Avtar Singh Vs. Balbir Kaur On 27 Nov 1986 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty and desertion — Appellant filed petition for divorce pleading cruelty and desertion since June, 1981 for a continuous period of three years — Trial court dismissed […]
Court: Supreme Court of India Bench: Justices Ajay Rastogi, J. & Abhay S. Oka DEBANANDA TAMULI Vs. KAKUMONI KATAKY Decided on 15.2.2022 Law Point: Section 13(1)(ib) — Desertion — Desertion means intentional abandonment of one spouse by other without consent of other and without reasonable cause — Deserted spouse must prove that there is factum […]
Court: Himachal Pradesh High Court Bench: JUSTICE Rajesh Sharma Pushpa Devi Vs. Om Parkash Law Point: Filing of false complaints and threatening the Husband amount to acts of cruelty. Wife used to leave the matrimonial home at her own will, which amounts to desertion. Decree of divorce granted to Husband. JUDGEMENT 1. This appeal has […]
Court: Calcutta High Court Bench: JUSTICE S.K. Mukherjee & Rabin Bhattacharyya Dilip Kumar Biswas Vs. Susmita Biswas Decided on 27 January 1995 Law Point: Lived together with husband for only 7 days, and was unable to justify cause for living apart. Desertion of embarrassing length proved. JUDGEMENT 1. This appeal is directed […]