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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.

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desertion

Romesh Sharma Vs. Prem Kumar Sharma

Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICE S.D. Anand ROMESH SHARMA Vs. PREM KUMAR SHARMA On 5 May 2009 Law Point: Wife is staying away from matrimonial house without any reasonable cause. She is not at all proved to be willing to resume cohabitation. Petition for divorce of Husband allowed. JUDGEMENT Parmanand Mishra, the husband […]

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R. Sridharan Vs. The Presiding Officer

Court: Madras High Court Bench: MR.JUSTICE ELIPE DHARMA RAO and  MR.JUSTICE K.K.SASIDHARAN R.Sridharan vs The Presiding Officer on 9 July, 2010 Mr.K.Chandra Mouli, Adv. For the appellant. Mrs.Geetha Ramaseshan, Adv. For the respondent. Law Point: Husband US citizen, wife invoking Jurisdiction u/s 19(iii)(a) of HMA to file Divoce in India JUDGEMENT The legality of a matrimonial proceeding initiated by the wife before a family […]

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Bombay High Court Defines Desertion and Cruelty for Divorce

HIGH COURT OF JUDICATURE AT BOMBAY Equivalent citations: FAMILY COURT APPEAL NO. 148 OF 2004 FAMILY COURT APPEAL NO. 98 OF 2006. CIVIL APPLICATION NO. 291 OF 2007. A.P.DESHPANDE and SMT.R.P. SONDURBALDOTA Smt.Kalpana Bharat Ruparel vs Bharat Ratanshi Ruparel on 31-01-2005 Mr.K.M.Savla i/by Mr.Manish P. Jogani, Adv. For the appellant. Smt.B.P.Jakhadi, Adv. For the respondent. Law Point: Dissolution of the marriage on the […]

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MP HC Defines Cruelty and Desertion defined as grounds for Divorce

Madhya Pradesh High Court Equivalent citations: AIR 2003 MP 271 Bench: S Khare Johnson M. Joseph Alias Shajoo vs Smt. Aneeta Jhonson on 28 February 2003 Law Point: Cruelty and Desertion defined as grounds for Divorce. JUDGEMENT This is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869 (hereinafter to […]

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Madhya Pradesh High Court Defines Desertion and How to Prove it

Madhya Pradesh High Court Satish Kumar vs Shashi Prabha on 12 November, 1992 Bench: D Dharamadhikari Equivalent citations: II (1994) DMC 406 Law Point: Test of resonableness – Desertion, Conduct of Wife JUDGMENT D.M. Dharamadhikari, J. 1. This appeal has been filed by the husband against the order dated 23-1-1991 of the Trial Court refusing […]

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Father taking care of children. Wife deserted husband. Divorce granted to Husband.

Court:MADRAS HIGH COURT Bench: JUSTICE M.M. Sundresh & Krishnan Ramasamy JAYANTHI Vs. SARAVANAN Law Point: Both children of parties stated that only appellant-mother deserted respondent-father and only father is taking care of them — Though appellant filed petition for restitution of conjugal rights and same was dismissed — Appellant filed appeal only against order, granting […]

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Birth of Child while Living Seperately proves Adultery

CHHATTISGARH HIGH COURT JUSTICE Rajendra Chandra Singh Samant Anandram Vs. Laxmibai On 5 September 2017 Law Point: Adultery — Birth of child while living separately proves Adultery— Respondent-wife alleged to have physical relationship with number of other persons Also non-explanation by respondent-wife as to why she never made any effort to go back to her […]

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Wife Staying with Mother; Not Ready to Join Husband – Desertion Proved

MADRAS HIGH COURT JUSTICE M.M. Sundresh, J. & N. Seshasayee N. Premalatha Vs. P. M. Murali On 15 September 2017 Law Point: Appellant wife is staying with her mother and not keen to join her husband — Statutorily speaking she deserted her husband without any justifiable reasons — Other reasons from husband’s impotency to cruelty […]

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Wife making Scandalous Allegations in front of Neighbours is Cruelty

KERELA HIGH COURT JUSTICE A.M. Shaffique, J. & Anu Sivaraman Ajithakumari R. Vs. A.S. Subhagan On 3 July 2017 Law Point: Respondent-wife alleged to be making scandalous allegations against petitioner husband among neighbours — Allegations against him will amount to his reputation being tarnished JUDGEMENT This appeal is filed by the respondent in OP (HMA) […]

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False accusations against husband not supported by proof amounts to cruelty 

MADRAS HIGH COURT JUSTICE R. Subbiah, J. & A.D. Jagdish Chandira R. Thangamani @ Mainavathy Vs. S. Sathish Kumar On 22 September 2017 Law Point: False accusations against husband not supported by proof amounts to cruelty JUDGEMENT The appellant is the wife who has filed this appeal, challenging the Order and Decreetal Order passed by […]

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