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: 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 […]
Court: Rajasthan High Court Bench: JUSTICE P.P. Naolekar & J.S. Sidhu Girraj Prasad Sharma Vs. Smt. Tara Mishra Decided on 30 July 1998 Law Point: Wife deserted husband continuously for two years or more immediately preceding filing of this petition — Husband entitled to divorce on this ground. JUDGEMENT 1. This will dispose of an […]
Court: Calcutta High Court Bench: JUSTICE Alok Kumar Basu & Jyotirmay Bhattacharya, Asoka Mitra Vs. Swapan Kumar Mitra Decided on 31 August 2007 Law Point: Wife left matrimonial home without consent and reasonable cause. Further, wife condoned wrong on part of husband, even if there be any — No justification in regard to ground of […]
Court: Orissa High Court Bench: JUSTICE R M.M. Das Surendra Hota & Ors. Vs. State Of Orissa Decided on 2 September 2010 Law Point: Complaint petition itself does not disclose commission of any offence committed by petitioners — Rather it reflects anguish of complainant for having been impleaded as OP in case filed for award […]
Court: Andhra Pradesh High Court Bench: JUSTICE B.S. Raikote Smt. Kudupudi Lakshmi Verra Venkataratnam Vs. Kudupudi Sri Krishna Vara Prasad & Ors. Decided on 24 November 1998 Law Point: Maintenance : Husband Neglects Wife Without Reasonable Cause — Both under Section 125, Criminal Procedure Code and under Section 18, Hindu Adoptions and Maintenance Act, if […]
Court:MADHYA PRADESH HIGH COURT Bench: JUSTICE U.L. Bhat PRAMOD KAPLISH Vs. SMT. ALKA KAPLISH Decided on 3 August 1995 Law Point: Circumstances — Statement of assessable income produced by revision petitioner — Proved his income increasing over years — Added circumstance of absence of specific denial in counter — Interim maintenance — Only for future […]
Court: Madras High Court Bench: JUSTICE Prabha Sridevan Jayalakshmi Vs. Krishna Padayachi Decided on 04 September 2002 Law Point: Woman marrying person while first marriage is subsisting : In law, woman can be given recognition either as wife of man or as his concubine : There cannot be any intermediary clause described as an “illegitimate […]
Court: Madhya Pradesh High Court Bench: JUSTICE R.P. Awasthy Sheetal Prasad Gaur And Others Vs. Bhagwandas Decided on 25 April 1994 Law Point: Alleged commission of offences punishable under Secs. 294, 506-B and 500 r/w Sec. 120-A I.P.C. — Filed with ulterior motive of harassing the petitioners — Allegations patently absurd and inherently improbable — […]
Court: Patna High Court Bench: JUSTICE Ghanshyam Prasad Shailendra Kumar & Ors. Vs. State Of Bihar & Anr. Decided on 19 February 2007 Law Point: Cost of jewellery given at time of negotiation already returned — Continuance of criminal prosecution would amount to misuse of process of Court. JUDGEMENT 1. Heard. 2. This application under […]
Court: Patna High Court Bench: JUSTICE Abhijit Sinha Santosh Kumar Maurya @ Santosh Kumar Vs. State Of Bihar & Anr. Decided on 13 August 2009 Law Point: No specific instances of alleged torture or cruelty with exact date and time as also location furnished — General and bald statement of victim being subjected to torture […]