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: Supreme Court of India Bench: Chief Justice, Kurian Joseph, Rohinton Fali Nariman Anvar P.V vs P.K.Basheer & Ors on 18 September, 2014 Law Point: Secondary evidence pertaining to electronic record is inadmissible if not accompanied with certificate in terms of Section 65B of Evidence Act. JUDGEMENT Construction by plaintiff, destruction by defendant. Construction by […]
Court: Supreme Court of India Equivalent citations: 1973 AIR 157, 1973 SCR (2) 417 Bench: Ray, A.N. R. M. Malkani vs State Of Maharashtra on 22 September, 1972 Law Point: Evidence of tape recorder telephonic conversation challenged – witness permitted to record telephonic conversation he had with accused – in such case evidence cannot be […]
Court: Punjab and Haryana High Court Bench: JUSTICE Rajesh Bindal Dalip Singh vs Suman Devi And Another on 29 May, 2009 Law Point: Moral and Ethical Values are more important than Physical Comforts. Mother denied Custody of Child JUDGEMENT This is an unfortunate case where the custody of a minor child is in dispute amongst his […]
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: Supreme Court of India Bench: Dipak Misra, Prafulla C. Pant Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015 Law Point: Affidavit must for complaint u/s 156(3) including matrimonial cases. JUDGEMENT The present appeal projects and frescoes a scenario which is not only disturbing but […]
Court: Orissa High Court Bench: S Mohapatra Binayak Chandra Pady vs Kamala Padhy Alias Padhiani on 7 May, 1986 Law Point: Effect of non payment of maintenance arrears in HMA 24 JUDGEMENT 1. This Civil Revision by the husband arises out of an order dismissing a matrimonial proceeding for divorce under the Hindu Marriage Act, […]
Court: Punjab and Haryana High Court Bench: JUSTICE Ranjit Singh Lior Avi Ben Moyal vs Narcotics Control Bureau on 28 November, 2008 Law Point: Audio-Video evidence, use of voice experts to test voice samples. Requiring accused to record voice not infringment under article 20(3) of Indian Constitution. JUDGEMENT Petitioner is facing prosecution for an offence under […]
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: Dr. Arijit Pasayat, Aftab Alam Chaturbhuj vs Sita Bai on 27 November, 2007 Law Point: Expression “unable to maintain herself” did not mean that wife must be absolutely destitute before she could apply for maintenance under Section 125 Cr.P.C JUDGEMENT 1. Leave granted. 2. Challenge in this appeal is […]
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 […]