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: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena PREM LATA Vs. MURARI LAL On 9 March 1995 Law Point: Cruelty — Wife resided in matrimonial home only on 3 occasions — Wife and her brother admitted no demand of dowry made by respondent ever. Educated lady, accustomed to amenities of city life, […]
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: 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 […]
Court: Madhya Pradesh High Court Bench: JUSTICE R.K. Verma Rajni Vs. Shantilal On 28 October 1991 Law Point: Section 13 — Cruelty — Husbands petition for divorce — Ground — Cruelty — Marriage took place in 1976 — Wife living with the husband only two or three times — Tried to commit suicide — Wife […]
Court: Delhi High Court Bench: JUSTICE N.N. Goswamy Darshna Kumari Alias Worsely Vs. Inder Kumar Arora On 26 August 1982 Law Point: Section 13(1)(ia) — Divorce granted to husband on account of wife’s cruelty — Wife filing criminal complaints against husband and his parents. Beating to husband by wife and her brothers. Aforesaid acts of […]
Court: Madras High Court Bench: JUSTICE P. Sathasivam & A.K. Rajan S. Indrakumari Vs. S. Subbaiah On 13 May 1994 Law Point: Section 13(1)(ia) — Cruelty : Wilful denial of sexual relationship by spouse, when other spouse anxious for it, would amount to mental cruelty : Family Court rightly granted decree of divorce. JUDGEMENT 1. […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele & Anurag Shrivastava Neelima Vs. Dhiraj Singh On 13 December 2017 Law Point: Mental Cruelty — Wife lodged complaint under Section 498A, IPC against husband and his family members — They were arrested and subsequently acquitted — Conduct of wife amounts to mental cruelty against husband. […]