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: Rajasthan High Court Bench: JUSTICE Pradeep Nandrajog, CJ. & Vinit Kumar Mathur Pooja @ Sajna Vs. Durga Prasad On 10 April 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Cruelty Desertion Respondent-husband duly proved mental cruelty as also desertion without reasonable cause. Direct conflict in testimony of appellant-wife and her father concerning […]
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: Uttarakhand High Court Bench: JUSTICE Rajiv Sharma, J. & Sharad Kumar Sharma Satya Prakash Dhyani Vs. Pinki Devi Dhyani On 8 September 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Illicit relationship and physical involvement of respondent-wife — Allegation by appellant-husband against respondent-wife is not a trifle issue […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Nisha Rashmi Vs. Kamlesh Pandey On 16 July 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Petitioner-wife stayed for 4-5 days only after marriage — No serious attempts to resolve issues by her family members or wife […]
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: Gauhati High Court Bench: JUSTICE I.A. Ansari & Dr. Indira Shah Bulbuli Biswas Vs. Khagen Biswas On 17 June 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Animus as well as factum of separation without any just cause proved by husband — Parties are living separately since 1985, almost […]
Patna High Court JUSTICE I.A. Ansari, CJ., Nilu Agrawal Rajesh Kumar Vs. Pushpa Rani On 16 September 2016 Law Point: Judicial Separation — Non-resumption of conjugal rights — Divorce — Second marriage — Appeal infructuous — If upon filing of appeal, seeking to set decree for judicial separation set aside, no stay order against decree […]
SUPREME COURT OF INDIA Altamas Kabir, Cyriac Joseph Anil Kumar Jain vs Maya Jain on 1 September, 2009 Law Point: Mutual Divorce filed, wife not willing to give divorce, husband fulfilled his part of the agreement, SC grants Mutual Divorce. JUDGEMENT Leave The short point for decision in this appeal is whether a decree can […]
Court: Delhi District Court Bench: Sh. Gurdeep Saini Narender Kumar vs State (Govt. Of Nct Of Delhi) on 18 August, 2011 Law Point: Poverty and failed marriage is not a crime, commentary on gross misuse of IPC 498A provision JUDGEMENT 1. Vide this order I shall decide this appeal directed against judgment dated […]