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: Calcutta High Court Bench: JUSTICE Jyotiram Bhattacharya & Debi Prosad Dey Rita Bandopadhyay Vs. Abhik Bandopadhyay On 15 June 2015 Law Point: Unfounded allegations against husband not proved by wife — Holy relationship of brother and sister maligned by wife that it pricks to conscience of Court to accept that wife is guilty of […]
Court: Uttaranchal High Court Bench: JUSTICE P.C. Verma & Prafulla C. Pant Madhu Kuksal Vs. Anup Kuksal On 7 July 2005 Law Point: Husband successfully proved he was treated with cruelty by his wife, by her acts of hurling abuses at him and beating members of his family : Alleged acts of violence on part […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Sharmishtha Vs. Sujoy Mitra On 4 August 2008 Law Point: Foreign Divorce Decree — Not required to be confirmed by Court of this country — However, decree obtained from foreign country must satisfy requirements of Section 13, CPC . JUDGEMENT 1. The respondent/husband […]
Punjab & Haryana High Court JUSTICES S.S. Saron & Navita Singh Shikha Vs. Jasvinder Singh & Anr. On 8 July 2014 Law Point: The charge can be established by circumstantial evidence — It is not always possible that witnesses would see one of the spouses with paramour in objectionable posture to prove charge of adultery. […]
Court: Madhya Pradesh High Court Bench: JUSTICE J.G. Chitre Prafulla Kumar Tongya Vs. Smt. Sarla On 18 November 1997 Law Point: Wife taken away marriage gifts. Proved by husband that respondent deserted him for continuous period of more than two years. Decree of divorce granted. JUDGEMENT 1. The appellant Prafulla Kumar is hereby assailing correctness, […]
Court: Uttarakhand High Court Bench: JUSTICE Rajesh Tandon Pramod Bijalwan Vs. Satendra Dutt On 6 July 2007 Law Point: Cruelty, Desertion — Both grounds proved by respondent — False allegation of adultery against husband or wife is mental cruelty and is ground for divorce — Vague allegations made to defame by petitioner amounts to cruelty […]
Court: Punjab & Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena Rama Kanta Vs. Mohinder Laxmidas Bhandula On 7 February 1995 Law Point: Hindu Marriage Act, 1955 — Sec. 13(1)(ia) — Cruelty — Meaning of Cruelty — Conduct of appellant in matrimonial home — Her threats and attempts to commit suicide — Act of lodging […]
Court: Delhi High Court Bench: JUSTICE O.P. Dwivedi Pinki Jain Vs. Sanjay Jain On 31 January 2005 Law Point: Act of Wife in filing false complaint case and getting her Husband and other in-laws arrested clearly amounts to cruelty. Decree of divorce passed. JUDGEMENT 1. This appeal is directed against the order dated 24.12.99 passed […]