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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.

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Poonam Vs. Sumit Tanwar

Court: Supreme Court of India Bench: Aftab Alam, B.S. Chauhan Poonam vs Sumit Tanwar on 22 March, 2010 Law Point: Advocate on Record is not only responsible for lending name but also for ensuring the conduct of case JUDGEMENT 1. This Writ Petition has been filed under Article 32 of the Constitution of India for awarding the […]

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Termination of Pregnancy Without Consent of Husband is Cruelty

Supreme Court of India C.K. Thakker, D.K. Jain Suman Kapur vs Sudhir Kapur on 7 November, 2008 Law Point: Mental Cruelty Defined, termination of pregnancy, calling parents Ghosts is mental cruelty towards husband. JUDGEMENT Leave The present appeal is filed by the appellant-wife being aggrieved and dissatisfied with the decree of divorce dated August 07, […]

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Mukesh Ashok Gundecha & Anr. Vs. Govt. Of Nct Of Delhi

Court: HIGH COURT OF DELHI Bench: MS. JUSTICE ARUNA SURESH Mukesh Ashok Gundecha & Anr. vs Govt. Of Nct Of Delhi on 7 January, 2010 Law Point: 6 months waiver in Mutual Divorce u/s Section 13(B)(2) HMA JUDGEMENT 1. Impugned in this petition is the order of the Additional District Judge, North-West dated 05.12.2009 whereby the […]

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Hirachand Srinivas Managaonkar Vs. Sunanda

Court: Supreme Court of India Appeal (civil) 1473 of 1999 Bench: D.P. Mohapatra, Doraiswamy Raju Hirachand Srinivas Managaonkar vs Sunanda on 20 March, 2001 Law Point: Judicial Separation is not a divorce, doesn’t snap matrimonial ties JUDGEMENT The point that arises for determination in this case is short but by no means simple. The point is this: […]

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Repeated Suicide Threats is Mental Cruelty and Valid Ground for Divorce

HIGH COURT OF JUDICATURE AT BOMBAY S. A. BOBDE & S. J. KATHAWALLA, JJ Mrs.Sanjivani Bharat Sasane Verus Mr.Bharat Dashrath Sasane and ANR. on NOVEMBER 18, 2009 Mr.Amol Deshpande , Adv. For the appellant. Mrs.Usha Purohit and Mr.Sidharth Ronghe, Adv. For the respondent. Law Point: Repeated Suicide threats amounts mental cruelty, is valid divorce ground JUDGEMENT This is an Appeal filed against the order […]

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Over 17 Years of Separation, wife staying away, Husband Granted Divorce

Allahabad High Court Hon’ble Rakesh Tiwari Dr. Vinod Kumar Gupta vs Smt. Deepa Gupta on 12 July, 2010 Law Point: Over 17 years of seperation, no chance of staying together, wife not willing to cohabit, husband granted divorce decree. JUDGEMENT The case peremptorily listed today. List has been revised. Heard learned counsel for the appellant […]

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Court can Order Medical Assessment of Parties in HMA

Supreme Court of India Tarun Chatterjee, R.M. Lodha Lalit Kishore vs Meeru Sharma & Anr on 4 August, 2009 Law Point: Application for medical assessment of mental condition of wife allowed in a matrimonial dispute at insistence of husband. JUDGEMENT Leave This is an appeal filed against the judgment and order dated 2nd of December, […]

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Madras HC Explains Difference in Non Consummation and Impotency

MADRAS HIGH COURT C.R.P.(PD)NO. 857 of 2004 and C.M.P. No. 8162 of 2004 Bench: MRS. JUSTICE R. BANUMATHI Umamaheswari vs K. Babu on 21/07/2005 Mr. J. Ramakrishnan, Adv. For the appellant. Ms. P.T. Asha, Adv. For the respondent. Law Point: Desertion and non-consummation of marriage. Impotency explained. JUDGEMENT This Revision is preferred against the order of the Family Court, Coimbatore made in I.A. […]

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Marriage between a Hindu and Non-Hindu under HMA not Valid

HIGH COURT OF DELHI HON’BLE MR. JUSTICE KAILASH GAMBHIR Sangeeta vs Preston Gomes on 13 December, 2010 Law Point: Marriage between a Hindu and non-Hindu under HMA not vaild JUDGEMENT By this appeal filed under Section 28 of the Hindu Marriage Act, 1955, r/w Section 151 of the CPC, the appellant seeks to challenge the  […]

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Cruelties Subsequent to Filing Petition Can be Taken in Account for Divorce

Court: Bombay High Court Equivalent citations: AIR 1995 Bom 246, 1995 (1) BomCR 47, (1994) 96 BOMLR 592, I (1995) DMC 532 Bench: A Agarwal, A Savant Rajan Vasant Revankar vs Mrs. Shobha Rajan Revankar on 24 March, 1994 Law Point: Pleadings events subsequent to the law suit can be also taken into account as […]

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