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
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 […]
Court: RAJASTHAN HIGH COURT Bench: JUSTICE Pradeep Nandrajog, C.J. & Vinit Kumar Mathur Kailash Chandra Vs. Laxmi On 4 May 2018 Law Point: Indian Penal Code, 1860 — Section 498A — Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Cruelty — By the time parties recorded evidence, respondent had lodged complaint under […]
HIMACHAL PRADESH HIGH COURT JUSTICE Vivek Singh Thakur Shashi kala Vs. Pravesh Chandra Angra On 12 January 2018 Law Point: Legal notice received to join company of respondent, not replied by appellant wife — Appellant breathing hot and cold in one breathe JUDGEMENT The appellant was married to respondent herein on 7.12.1994 according to Hindu […]
Court:BOMBAY HIGH COURT Bench: JUSTICE T.V. Nalawade, J. & S.M. Gavhane Rakesh Vs. Vaishali On 13 October 2017 Law Point: Hindu Marriage Act, 1955 — Sections 9, 13(1)(ia), 13(1)(ib), 13(1)(iii) — Restitution of conjugal rights — Cruelty — Desertion — Mental illness — Unsound mind — Grant of divorce — Respondent-wife alleged to be […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & Ratnaker Bhengra Meenu Devi Vs. Amit Kumar On 12 March 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Mental Cruelty Desertion – False implication in criminal case amounts to cruelty Absence of physical relationship for more than 7 years between parties. It […]
Court: Bombay High Court Bench: JUSTICE Vasanti A Naik, J. & Swapna Joshi Sudhir Kamlakar Kharbade Vs. Sangita On 20 April 2018 Law Point: Hindu Marriage Act, 1955 – Sections 13(1)(ia), (ib) – Cruelty – Desertion – Appreciation of evidence – Wife respondent has ill-treated appellant-husband, in-laws and lodged false complaint against him under Section […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & Ratnaker Bhengra Raju Vishwakarma Vs. Seema Devi On 17 May 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Cruelty Desertion Two examples of cruelty committed by respondent-wife, viz. false or repeated case against appellant-husband, in addition to his family members/relatives and sexual […]
Court: Chhattisgarh High Court Bench: JUSTICE Arvind Singh Chandel Sushil Chandra Sen Vs. Champa Sen On 6 October 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Appreciation of Evidence — Testimony of respondent-wife not reliable — Statement of husband appellant duly supported by his brother DW2 — That he had […]
Court: Madras High Court Bench: JUSTICE Pushpa Sathyanarayana K.S. Vimleswaran Vs. C.P.S. Charumathi On 21 February 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Restitution of conjugal rights — Petition filed as counter blast by wife subsequent to filing of divorce petition by petitioner-husband — Least intention […]
Court: Madras High Court Bench: JUSTICE M. Jaichandren, J. & T. Mathivanan Suguna Vs. Kubendiran On 20 January 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 9, 13(1)(ib) — Cruelty — Restitution of Conjugal Rights — Desertion — Appellant-wife alleged to have made repeated threat to commit suicide by pouring kerosene on her […]