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: Jharkhand High Court Bench: JUSTICE Amareshwar Sahay Saraswati Devi Vs. State of Jharkhand On 03 March 2003 Law Point: Power under Section 311 of the Code can only be exercised, if the Court while hearing the case deems fit and proper to examine some witnesses for the ends of the Justice, to appreciate the […]
Court: HIGH COURT OF KERALA Bench: JUSTICE MRS.JUSTICE K.HEMA Chitrangathan Vs. Seema on 14th day of October, 2009 Law Point: While protecting the rights of a woman, the court has to be careful and cautious in not violating the rights of the male also under Domestic Violence Act. JUDGEMENT Head Note:- Protection of Woman from […]
Court: Supreme Court of India Bench: Dipak Misra, Prafulla C. Pant Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015 Law Point: Maintainability of DV after 1 year JUDGEMENT Leave granted. 2. The appellant having lost the battle for getting her Stridhan back from her husband, the first respondent herein, before the learned Magistrate […]
Court: Rajasthan High Court Bench: JUSTICE MRS. NISHA GUPTA Nishant Hussain vs Seema Saddique & Anr on 21 September, 2012 Law Point: Living apart from 10 years, no cause of action to initiate DV proceedings JUDGEMENT This revision petition has been preferred against the order dated 30.3.2012 passed by learned Addl. Sessions Judge (Fast Track) No.3, […]
Court: Supreme Court of India Bench: P. Sathasivam, B.S. Chauhan Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011 Law Point: In view of the provisions of Section 468 Code of CrPC, DV complaint could be filed only within a period of one year from the date of the incident in […]
Court: Karnataka High Court Bench: JUSTICE ANAND BYRAREDDY J.Srinivas S/O Sri.Jayachandra vs G.Dhanalakshmi D/O Govindaswamy on 5 April, 2013 Law Point: Petitioner barred by time in filing DV after 1 year from the date of alleged cause of action JUDGEMENT 1. Heard the counsel for the petitioner. The counsel for the respondent remains absent. 2. The brief facts […]
Court: Karnataka High Court Bench: K.N.Phaneendra Gurudev S/O. Hanamant Gurav vs Jayashree W/O. Gurudev Gurav on 8 January, 2014 Law Point: Bar on filing DV after 1 year as per section 468 CrPC JUDGEMENT 1. Though this petition is posted for admission, with the consent of both the Counsels, the matter is heard on merits. 2. […]
Court: Supreme Court of India Bench: JUSTICE Shiva Kirti Singh Prakash Nagardas Dubal-Shaha Vs. Sou. Meena Prakash Dubal Shah and Ors. Law Point: Unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under DV act. JUDGEMENT 1. By the impugned judgment and order dated 24.1.2013 the learned Single Judge of High Court of Judicature […]
Court: Punjab And Haryana High Court Bench: Justice Paramjeet Singh Anoop and others vs. Vani Shree Law Point: Legal Terrorism : law is being used to terrorise the husband, his family and distant relatives JUDGEMENT Petitioners, who are facing allegations of domestic violence, have approached this Court under Section 482 of the Code of Criminal Procedure for quashing […]
Court: High Court of Delhi Bench: JUSTICE SHIV NARAYAN DHINGRA Harbans Lal Malik vs Payal Malik on 29 July, 2010 Law Point: Family members of NRI husband cannot be accused in DV case. Brother of husband cannot be made to pay maintenace to the wife. JUDGEMENT These petitions arise out of order passed by the […]