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: Karnataka High Court Bench: JUSTICE Huluvadi G. Ramesh K. Narasimhan Vs. Rohini Devanathan On 24 November 2009 Law Point: Protection of Women from Domestic Violence Act, 2005 – Making certain allegations against respondent by itself would not amount to domestic violence in absence of ingredient of shared household — No proof of petitioner and […]
Court: Madhya Pradesh High Court Bench: JUSTICE Brij Kishore Dube Meenakshi Jatav & Ors. Vs. Seema Sehar (dr.) & Anr. On 28 January 2013 Law Point: No specific allegations made against petitioners — Petitioners are sisters-in-law of respondent, are residing separately — Marriage of petitioners took place much before marriage of respondent — Relief sought […]
Court: Kerala High Court Bench: JUSTICE M. Sasidharan Nambiar Surendran Vs. State Of Kerala On 16 July 2009 Law Point: Sections 2(a), 12, 18, 19, 20 — Aggrieved person — Marriage has been declared as null and void at instance of wife, she cannot be an aggrieved person as provided under Section 2(a) of Act […]
Court: Punjab And Haryana High Court Bench: JUSTICE Jaishree Thakur Krishan Kumar and Ors. vs. Navneet and Ors. On 21 February 2018 Law Point: Right to reside – Section 2(s) of Protection of Women from Domestic Violence Act – House being exclusively belonging to father-in-law, it could not be called as a shared household within […]
Court: Uttaranchal High Court Bench: JUSTICE U.C. Dhyani Smt. Darshan Kaur vs Smt Sangeeta on 25 April 2017 Law Point: Applicants, mother in law and sister in law of wife do not come within the definition of shared household and therefore, does not come in a domestic relationship. Proceedings quashed. JUDGEMENT 1. […]
Court:Calcutta High Court Bench: JUSTICE Joymalya Bagchi Suman Ghosh vs Unknown On 10 February 2017 Law Point: Protection of Women from Domestic Violence Act – Adequate compensation in lieu of alternate accommodation in addition to monetary relief is appropriate. JUDGEMENT The petitioner is the husband of the opposite party no.2 and it […]
Court:Rajasthan High Court Bench: JUSTICE P.K. LOHRA Miss Khushi & Anr Vs. State & Anr. On 4 January 2018 Law Point: Protection of Women from Domestic Violence Act, 2005, S.12 – Application u/s 12 of the Act – Minor daughters – Petition against mother -Petition filed by grand father with whom minor daughters are living […]
Court: Bombay High Court Bench: JUSTICE B.P. Dharmadhikari Nandkishor Pralhad Vyawahare vs Sau. Mangala W/O Pratap Bansar On 3 May 2018 Law Point: PWDVA – Nature of proceedings under the act are predominately of civil nature and it is only when ther is breach of protection order ad failure or refusal to discharge duty without […]
Court: Bomaby High Court Bench: JUSTICE Anuja Prabhudessai Aniket Subhash Tupe Vs. Piyusha Aniket Tupe and Ors. On 22 March 2018 Law Point: Domestic Violence – Petition u/s 12 of the Act – Court in its discretion can allow evidence on affidavit and permit croos-examination to test veracity of evidence – Court can deviate from […]