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
MADHYA PRADESH HIGH COURT D Dharmadhikari Smt. Kanta Sachdev vs Devidas on 5/3/1998 Law Point: False cases and Involving Married Sisters of Husband in Police Complaint amount in cruelty leads to Divorce JUDGEMENT This appeal preferred by the wife under Section 28 of the Hindu Marriage Act, 1955 (for short ‘the Act’) against grant of […]
PUNJAB AND HARYANA HIGH COURT V.M. Jain Bhupinder Kumar vs Smt. Versha Rani on 6/10/2004 Law Point: Wife got the petitioner arrested in the proceedings under Section 107/151 Cr.P.C. caused mental cruelty to the husband. Husband entitled to divorce JUDGEMENT This appeal has been filed by the husband against the judgment and decree dated 6.1.1995 […]
SUPREME COURT OF INDIA Bench: VAIDYIALINGAM, C.A., SHAH, J.C. YUVRAJ DIGVIJAY SINGH vs YUVRANI PRATAP KUMARI on 02/05/1969 Law Point: Non-Consumation of marriage cannot be equated to Impotency u/s 12 of Hindu Marriage Act Equivalent citations: 1970 AIR 137, 1970 SCR (1) 559 ACT: Hindu Marriage Act 1955 (Act 25 of 1955), s. 12-Conditions for divorce on grounds of […]
MADRAS HIGH COURT C.M.A.No.1905 of 2002 HON’BLE MR. JUSTICE P.D.DINAKARAN and THE HON’BLE MR.JUSTICE P.P.S.JANARTHANA RAJA P.Devaraj vs V.Geetha on 26/07/2006 Mr.K.Kalyanasundaram, Adv. For the appellant. Mr.A.S.Vijayaraghavan, Adv. For the respondent. Law Point: Constant Denial of Sex in Marriage is Mental Cruelty and Decree of Divorce can be granted for the same. JUDGEMENT As the dispute between the parties is very narrow, the […]
Madhya Pradesh High Court Equivalent citations: AIR 2003 MP 271 Bench: S Khare Johnson M. Joseph Alias Shajoo vs Smt. Aneeta Jhonson on 28 February 2003 Law Point: Cruelty and Desertion defined as grounds for Divorce. JUDGEMENT This is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869 (hereinafter to […]
Mumbai High Court Equivalent citations: II (2007) DMC 243, 2007 (4) MhLj 774 J Patel, R Dalvi Medha Gaurav Talekar vs Gaurav Kaluram Talekar on 4/4/2007 Law Point: Ex-parte divorce to husband on basis of acquital in 498A JUDGEMENT This Appeal challenges the ex parte judgment and order passed on 12-7-2001 by the Family Court […]
SUPREME COURT OF INDIA Bench: Chandramauli Kr. Prasad and Pinaki Chandra Ghose Arnesh Kumar VS State of Bihar and Anr. Dated July 2, 2014 Law Point: Section 41A of CrPC should be complied in letter and spirit. Guidelines JUDGEMENT The petitioner apprehends his arrest in a case under Section 498-A of the Indian Penal Code, 1860 […]
HIGH COURT OF JUDICATURE AT BOMBAY Ajay Ashok Khedkar V/s Sou. Laleeta Ajay Khedkar CORAM: A.P.DESHPANDE AND SMT. R.P. SONDURBALDOTA, JJ. Mr.Hitesh Vyas, Adv. For the appellant. Mr.Sachin S. Pande, Adv. For the respondent. Law Point: Cumulative effect of the behaviour and conduct of the wife is good enough to draw an inference that respondent wife has caused utmost mental pain and suffering which constitute mental cruelty towards husband Date:12th April, 2010. ORAL JUDGMENT: (Per Deshpande, J.) This is family court appeal filed by the unsuccessful […]
High Court of Punjab and Haryana Bench: D Raju, H Sema Amarjit Kaur vs Harbhajan Singh And Anr. on 23/10/2002 Equivalent citations: 2003 (1) AWC 344 SC, (2003) 2 CALLT 23 SC Law Point: No DNA test condition can be imposed at the Interim Maintenance Stage ORDER 1. The above appeals have been filed against […]
ALLAHABAD HIGH COURT Smt. Archana vs Dr. P.K. Tomar on 4/2/2003 Bench: B.K. Rathi Law Point: The lodging of the false F.I.R. for offences under Sections 498A, 323, 506, I.P.C. maliciously amounts to the mental cruelty JUDGEMENT 1. This is an appeal under Section 96 of the C.P.C. against the judgment and order dated 7.2.2002 […]