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: Orissa High Court Bench: JUSTICE Dr. A.K. Rath Prasanta Kumar Mishra Vs. Suryamani Mishra On 11 August 2017 Law Point: Section 13 (1)(ia) — Cruelty — Five months after marriage respondent-wife insisted husband for staying separate — When husband refused, she threatened to commit suicide — Even attempted to commit suicide — Confession of […]
Court: Andhra Pradesh High Court Bench: JUSTICE V. Ramasubramanian & N. Balayogi Soma Ramchandram Vs. Soma Anitha & Anr. On 22 June 2017 Law Point: Cruelty — Illicit intimacy — Allegedly first respondent was living in adultery with second respondent — They have a child also — As per DNA Test, appellant-husband has been held […]
Court: Supreme Court Of India Bench: JUSTICE Abhay Manohar Sapre & Uday Umesh Lalit Manju Kumari Singh @ Smt. Manju Singh Vs. Avinash Kumar Singh On 25 July 2018 Law Point: Dissolution of Marriage — Power of Supreme Court — Enforcement of order — Parties have been living separately for more than decade — All […]
Court: Chhattisgarh High Court Bench: JUSTICE Sharad Kumar Gupta Hemant Kumar Patel Vs. Uma Patel @ Toshika Patel On 20 April 2018 Law Point: Section 13(1)(ia) — Cruelty — Cruelty is an act committed with intention to cause sufferings to opposite party and it has become intolerable for other to suffer any longer and to […]
Court: Delhi High Court Bench: JUSTICE D.K. Kapur Daya Wati Vs. Raj Singh Law Point: Cold indifference like not visiting the hospitalized husband amounts to cruelty. JUDGEMENT 1. The respondent-husband Lt. Raj Singh Mathur has applied for divorce under Section 13 of the Hindu Marriage Act, 1955, on the ground of cruelty as well as […]
Court: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena Rani Vs. Amar Nath On 11 September 1996 Law Point: Section 13(1)(ia) –– Cruelty — Acts of wife proving her incorrigible conduct –– Amounts to cruelty towards her husband –– Wife can’t be allowed to take advantage of her own wrong. JUDGEMENT 1. Wife […]
Court: Punjab And Haryana High Court Bench: JUSTICE M.M. Punchhi Shashi Lata Sharma Vs. Chetan Sarup On 25 April 1984 Law Point: Section 13(1)(ia) and 20(2) — Husband’s petition for divorce on ground of wife’s cruelty granted by Trial Court — Appeal against by wife — Appellate Court finding wife leaving matrimonial home 12 days […]
Court: Punjab and Haryana High Court Bench: JUSTICE G.R. Majithia Kashmir Kaur Vs. Prem Singh On 24 November 1989 Law Point: Section 13 — Marriage dissolved by decree of divorce on ground of desertion and cruelty — Appeal by wife — Husband a widower having a son from first wife — Appeared that wife is […]
Court: Supreme Court Of India Bench: JUSTICES Sudhansu Jyoti Mukhopadhaya & Prafulla C. Pant Vidhya Viswanathan Vs. Kartik Balakrishnan On 22 September 2014 Law Point: Section 13(1)(ia) — Mental Cruelty — Sexual deprivation by wife — Non-consummation of marriage on part of appellant- wife — Respondent-husband, in his evidence has narrated in detail incidents of […]
Court: Punjab And Haryana High Court Bench: JUSTICE Prafulla C. Pant & Servesh Kumar Gupta Anupama Pandey Vs. Ashutosh Pandey On 22 April 2011 Law Point: Family Courts Act, 1984 — Section 19 — Hindu Marriage Act, 1955 — Section 13 — Divorce — Cruelty — Appellant married and two children were born out of […]