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 Equivalent citations: AIR 1967 Ori 163 Bench: R Das, G Misra Akasam Chinna Babu vs Akasam Parbati And Anr. on 10 January, 1967 Law Point: Permanent alimony cannot be granted to a party without a decree under the Hindu Marriage Act. JUDGEMENT 1. The plaintiff-appellant is the husband of defendant-respondent No. […]
Court: Supreme Court of India Bench: D.P. Mohapatra, Doraiswamy Raju Adhyatma Bhattar Alwar vs Adhyatma Bhattar Sri Devi on 6 November 2001 Law Point: Desertion- Held, the essential ingredients of, are (i) separation in fact and (ii) animus deserendi, the intention of bringing cohabitation permanently to an end by the deserting spouse, and on behalf […]
Court: Andhra High Court Equivalent citations: AIR 2008 AP 98, 2008 (2) ALD 311, 2008 (1) ALT 613 Bench: Justice B Nazki Rayala M. Bhuvaneswari vs Nagaphanender Rayala on 20 December, 2007 Law Point: Recording of private conversation between husband and wife infringement of Article 21 JUDGEMENT 1. After this revision was entertained, this Court, on […]
Court: Delhi High Court Bench: JUSTICE Suresh Kait Poonam Singh Vs State & Ors. on 22 August, 2013 Law Point: Allegations are so absurd that no reasonable man would accept the same, there is also no allegation of entrustment of any dowry article against the petitioners. Proceedings dropped JUDGEMENT Crl. M.A. Nos. 18903 & 18904/2011 […]
Court: Supreme Court of India Bench: G.S. Singhvi, Asok Kumar Ganguly Inst.Of Chartered Accountants Of … vs Vimal Kumar Surana & Anr on 1 December, 2010 Law Point: Matters can be remitted back to lower courts for fresh consideration in the interest of justice. JUDGEMENT 1. Leave granted. 2. The question which arises […]
Court: Supreme Court of India Bench: C.K. Thakker, D.K. Jain Pankaj Kumar vs State Of Maharashtra & Ors on 11 July, 2008 Law Point: Right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. JUDGEMENT Leave granted. 2. This appeal arises from the final judgment and order […]
Court: Supreme Court of India Equivalent citations: 1993 SCR (3) 954, 1993 SCC (3) 406 Bench: Punchhi, M.M. Smt. Chand Dhawan vs Jawaharlal Dhawan on 11 June, 1993 Law Point: Pendente Lite till Pendency of Trial; Pemanent Alimony only if Decree is passed JUDGEMENT CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2653-54 of 1991. From the […]
Court: Calcutta High Court Equivalent citations: AIR 1987 Cal 153, 90 CWN 1060 Bench: A M Bhattacharjee, S Chakravarty Ashit Mukherjee vs Smt. Susmita Mukherjee (Nee Roy) … on 13 May, 1986 Law Point: Maintenance pendente lite- Income of parties- Failure of court to take into consideration such income- Affidavit in support of application […]
Court: Delhi District Court Bench: Sh. Inderjeet Singh Manish Kapoor vs Charu Kapoor on 28 August, 2010 Law Point: Trial court ordered residence rights in the property of father, Session court overturned. Landmark Judgement in DV. JUDGEMENT 1.1 (Introduction) – The respondent Smt. Charu Kapoor filed an application under section 12 of Protection of […]
Court: Supreme Court of India Bench: Vikramajit Sen, C. Nagappan Roxann Sharma vs Arun Sharma on 17 February, 2015 Law Point: Landmark judgment announced by SC dealing with guardianship, custody and visitation JUDGEMENT 1 Leave granted in both the Special Leave Petitions. 2 Civil Appeal of 2015 arising out of SLP(C) No.31615 of 2014 assails […]