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: Madhya Pradesh High Court Bench: Faizanuddin Subhash Vs Laxmibai On 24 January 19854 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce petition of husband on account of wife’s mental cruelty and desertion — Wife not allowing cohabitation — Wife threatened to commit suicide by pouring kerosene on herself on two occasions […]
Court: Punjab And Haryana High Court Bench: JUSTICE Manmohan Singh Liberhan Gurjit Singh Sandhu Vs Rupinder Kaur On 19 September 1988 Law Point: Hindu Marriage Act, 1955 — Section 13(i)(ia) — Divorce — Ground — Cruelty — Appeal by husband against order of trial Court declining relief of divorce — Wife left matrimonial borne and […]
Court:Delhi High Court Bench: JUSTICE J.D. Kapoor Savitri Devi Vs Ramesh Chand & Ors. On 19 May 2003 Law Point: Indian Penal Code, 1860 — Sections 498A, 406 — Misappropriation of dowry articles, Cruelty : Misuse and exploitation of provisions to such an extent that it is hitting at foundation of marriage itself and proved […]
HIGH COURT OF JUDICATURE AT BOMBAY Equivalent citations: FAMILY COURT APPEAL NO.68 OF 2005 D.B.BHOSALE AND R.Y.GANOO,JJ. Smt Nita alias Nathi Hitendrakumar Sakariya vs Shri Hitendrakumar Kaluram Sakariya on 12/03/2010 Mr Vishal Thakkar i/b M/s Kiran Jain & co, Adv. For the appellant. Mr V.D.Walawalkar i/b Sameer B Bhalekar. For the respondent. Law Point: Wife wanted husband to procure a separate accommodation, […]
Court: Supreme Court of India Equivalent citations: 1978 AIR 597, 1978 SCR (2) 621 Bench: Beg, M. Hameedullah (Cj), Chandrachud, Y.V., Bhagwati, P.N., Krishnaiyer, V.R. & Untwalia, N.L., Fazalali, S.M. & Kailasam, P.S. Maneka Gandhi vs Union Of India on 25 January, 1978 Law Point: Right of dignity – right to live is not […]
THE SECTION 24 OF HINDU MARRIAGE ACT, 1955 ACT NO. 25 OF 1955 [18th May, 1955.] 1. Short title and extent. (a). This Act may be called the Section 24 of Hindu Marriage Act, 1955. (b). It extends to the whole of India except the State of Jammu and Kashmir 1 , and applies also […]
Court:Delhi High Court Bench: JUSTICE Sunil Gaur Mahendra Kumar Sharma Vs Sunita Sharma On 25 November 2014 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Grant of divorce — Reckless allegations against appellant husband of having extra-marital affairs with lady living in same locality — Allegations false and unsubstantiated and […]
Court:Madhya Pradesh High Court Bench: JUSTICE V.D. Gyani Harbhajan Singh Monga Vs Amarjeet Kaur On 26 April 1985 Law Point: Hindu Marriage Act, 1955 — Section 13 (1)(ia) — Cruelty — Married Feb., 1979 lived together upto September 1979, respondent left for her parents house and rejoined appellant in July, 1980 — Child born — […]
Court: CHHATTISGARH HIGH COURT Bench: JUSTICE Parth Prateem Sahu ANANDAKRISHNAN Vs. PUSHPALATHA On 22 February 2021 Law Point: Hindu Marriage Act, 1955 — Sections 13, 9 — Irretrievable breakdown of marriage — Dissolution of marriage — Parties living separately for more than 15 years — Non-implementation of decree of restitution — Parties have no intention […]
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, […]