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: Andhra Pradesh High Court Bench: JUSTICE D.S.R. Verma & G.V. Seethapathy B. Srinivasulu @ Srinivasachari Vs. Veena Kumari @ Lathasree On 2.7.2007 Law Point: Husband and Wife lived together for a period of 11 months and after desertion by wife disassociation of husband continuing since 1994 for about 13 years. This is absolutely sufficient […]
Court: Calcutta High Court Bench: JUSTICE S.K. Mukherjee & Rabin Bhattacharyya Dilip Kumar Biswas Vs. Susmita Biswas Decided on 27 January 1995 Law Point: Lived together with husband for only 7 days, and was unable to justify cause for living apart. Desertion of embarrassing length proved. JUDGEMENT 1. This appeal is directed […]
Court: Chhattisgarh High Court Bench: JUSTICE I.M. Quddusi & G. Minhajuddin Ashok Kumar Deshmukh Vs. Gayatri Decided on 11 April 2012 Law Point: Wife has an affair, lived with husband for only 18 days and then deserted him to live at maternal home. Divorce granted on ground of desertion. JUDGEMENT 1. This appeal has been […]
Court: Andhra Pradesh High Court Bench: JUSTICE S.V. Maruthi & Elipe Dharma Rao Anagalla Padmalatha Vs. A. Sudershan Rao Decided on 12 November 1999 Law Point: Wife abandoned company of husband without reasonable cause and filed 498A and CrPC 125, Desertion Proved. Cruelty need not be proved to get decree of divorce if desertion is […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.B. Sakrikar Sudhakar Vs. Smt. Kalavati Decided on 04 May 2001 Law Point: Wife Left Her Matrimonial House on Her own Accord and Did Not Return to Her Husband In Spite of Efforts Made by Him. Reconciliation Not Possible : Decree of Divorce Granted. JUDGEMENT 1. The appellant […]
Court: Madhya Pradesh High Court Bench: JUSTICE P.P. Naolekar Usha Vs. Laxmi Narayan Nagaich Decided on 18 November 1992 Law Point: Wife left her place of residence and refused to come back — Petition filed on a later date, desertion proved. JUDGEMENT 1. The parties to the proceedings were married according to Hindu rites in […]
Court:Punjab-Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena MEENA RANI Vs. MADAN LAL Decided on 30 March 1995 Law Point: By withdrawing herself from society of husband she has treated him with cruelty Divorce granted to husband. JUDGEMENT 1. Appellant-wife has filed this appeal against the decree of divorce, dated 29.11.1991, under Section 28 of […]
Court: Punjab and Haryana High Court Bench: JUSTICE Sham Sunder Jaswinder Kaur Vs. Harvinder Singh Decided on 28 November 2007 Law Point: Appellant wife deserted respondent husband for continuous period of 2 years immediately preceding filing of petition, without any sufficient cause, with intention to put an end to matrimonial ties permanently — Husband was […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Mamta Devi Vs. Dinesh Kumar Decided on 14 June 2012 Law Point: Wife has been withdrawing from the company of her husband without any justifiable cause — Animus deserendi proved. JUDGEMENT 1. This appeal has been preferred by the wife who was the respondent (before […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.C. Pandey Smt. Suman Singh Vs. Tulsi Ram Patel Decided on 1 February 1999 Law Point: Wife Wilfully Left Matrimonial Home After Eight Months of Her Marriage and Did Not Come Back — She was unable to prove that she deserted respondent on account of inhumanly treatment given […]