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
Allahabad High Court JUSTICE V.M. Sahai & R.N. Misra Triveni Singh Vs. State Of U.p. & Ors. Law Point: On ground of any disease except mental disease, no marriage can be declared null and void as provided under Sections 5 and 12 of Act — Proceedings quashed. JUDGEMENT 1. The petitioner, widow of deceased Arun […]
Court: Bombay High Court Bench: JUSTICE A.S. Oka, J. & A.A. Sayed Christine Lazarus Menezes Vs. Lazarus Peter Menezes On 21 April 2017 Law Point: Marriage between parties irretrievably broken down — Parties cannot be reasonably expected to live together — Wife has made wild unsubstantiated allegations against husband — Applicant-husband subjected to mental cruelty […]
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: Bombay High Court Bench: JUSTICE H.L. Gokhale & V.K. Tahilramani Manisha Sandeep Gade Vs. Sandeep Vinayak Gade On 1 October 2004 Law Point: Allegations made by wife baseless and false and constituted cruelty : Learned Judge right in granting decree of divorce on that ground and rejecting her petition for maintenance under Section 18 […]
Court: Supreme Court Of India Bench: JUSTICE Anil R. Dave & L. Nageswara Rao Narendra Vs. K. Meena On 6 October 2016 Law Point: Constant persuasion by wife for getting separated from family members of husband — Wife wanted husband to leave his parents — Persistent effort of respondent-wife to constrain the appellant-husband to be […]
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 Pradeep Nandrajog, Pratibha Rani Jagwati Vs. Gajender Kumar On 1 September 2016 Law Point: Mental Cruelty — Desertion — Restitution of Conjugal Rights — Cruelty committed on respondent-husband and his family by appellant-wife — Animus deserendi proved by respondent-husband to seek divorce on ground of desertion — Appellant-wife is […]
Court: Madhya Pradesh High Court Bench: JUSTICE A.K. Awasthy Narendra Kumar Gupta Vs. Mrs. Mamta Gupta On 16 April 2003 Law Point: Cruelty, Adultery : Wife made scandalous statement against appellant/husband about his illicit relation with his elder brother’s wife : Trial Court wrongly held that allegations made by respondent/wife in her written statement and […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani & Pradeep Nandrajog Rajender Kumar Vs. Nandini & Anr. On 21 October 2016 Law Point: Mental Cruelty — Illicit relationship — Threat to commit suicide — Appellant-husband suggested divorce by mutual consent in the backdrop of respondent-wife’s illicit relationship, but she preferred not to even respond to […]
Court: Supreme Court of India Bench: JUSTICE C.K. Thakker & Lokeshwar Singh Panta Jagraj Singh Vs. Birpal Kaur On 13 February 2007 Law Point: Once Court holds it has no jurisdiction in matter, it should not consider merits of matter — Though issue of jurisdiction of Court decided against wife, without following procedure under Section […]