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: 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: Supreme Court of India Bench: JUSTICES D.P. Mohapatra & Brijesh Kumar Vikas Aggarwal vs Anubha on 12 April 2002 Law Point: Divorce petition in H.C. on original side. Direction to appear- Non Appearance-Defence rightly struck off. JUDGEMENT Leave granted. Heard learned counsel for the parties. This appeal has been preferred against […]
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 Kailash Gambhir Smt. Kavita vs Shri Rakesh Raman on 8 April 2011 Law Point: While adjudicating matrimonial cases, courts to be cautious and conscious of fact that the holy bond of matrimony involves delicate human emotions and complex situations and often there gets created a chasm which if fortified […]
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 […]
Court: Supreme Court Of India Bench: JUSTICES D.P. Mohapatra & U.C. Banerjee R. Lakshmi Narayan Vs. Santhi On 1 May 2001 Law Point: One of the parties incapable of giving consent. Marriage null and void. JUDGEMENT 1. On analysis of the case of the parties and the contentions raised by learned Counsel […]
Court: Delhi High Court Bench: JUSTICE Veena Birbal Kailash Juneja Vs. Preeti Juneja On 25 April 2012 Law Point: Husband has the right to cross examine Wife. JUDGEMENT 1. The petitioner/husband has filed a divorce petition against the respondent/wife which is listed for final arguments before the learned Trial Court. A challenge […]
Court: Allahabad High Court Bench: JUSTICES Prakash Krishna & Arvind Kumar Tripathi Arti Pandey Vs. Vishnu Kant Tiwari On 12 September 2012 Law Point: Appellant-wife has treated respondent with mental cruelty and permanently deserted respondent-husband in terms of Section 13(1)(ia), (ib) of Act. Lodging of FIR and spate of complaints with all sorts of allegations […]
Court: Delhi High Court Bench: JUSTICE Mahinder Narain Sushil Kumar Verma Vs. Usha 12.2.1986 Law Point: Wife got the pregnancy terminated without the consent of the Husband and thus caused mental cruelty to him. termination of pregnancy without the consent of the husband amounts to cruelty. JUDGEMENT 1. This is a husband’s appeal against the […]
Court: Orissa High Court Bench: JUSTICE B. Panigrahi & Ch. P.K. Misra Nalini Prava Behera & Ors. Vs. Akshaya Kumar Behera on 7 November 2002 Law Point: Permanent Alimony and maintenance : Quantum : While deciding amount Social status, economic condition and standard of living of parties should be kept in view : Taking provision […]