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
Introduction Under the Hindu laws, cruelty is a ground of divorce for a wife or a husband, either of them can seek a divorce on this ground. Under Section 13(1)(iA) of Hindu Marriage Act, 1955 (Act), a petition can be filed by either the husband or the wife for seeking divorce on the ground of […]
ANDHRA PRADESH HIGH COURT JUSTICE S.V. Maruthi & E. Dharma Rao G. PADMINI Vs. G. SIVANANDA BABU On 11 November 1999 Law Point: Letter Written to Third Party About Impotency of Husband : Amounts to Mental Cruelty — Wife has written letter about impotency of her husband to brother-in-law — Brother-in-law is an outsider to […]
MADHYA PRADESH HIGH COURT JUSTICE S.K. Gangele, J. & Anurag Shrivastava Reena Jaggi Vs. Randeep Jaggi On 15 November 2017 Law Point: Appellant-wife lodged criminal complaints against respondent-husband and his family members — They were released on bail subsequently — Not possible for husband and wife to live together — Trial Court rightly granted decree […]
Court: Rajasthan High Court Bench: JUSTICE Pradeep Nandrajog, CJ. & Vinit Kumar Mathur Pooja @ Sajna Vs. Durga Prasad On 10 April 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Cruelty Desertion Respondent-husband duly proved mental cruelty as also desertion without reasonable cause. Direct conflict in testimony of appellant-wife and her father concerning […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Nisha Rashmi Vs. Kamlesh Pandey On 16 July 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Petitioner-wife stayed for 4-5 days only after marriage — No serious attempts to resolve issues by her family members or wife […]
Court: Bombay High Court Bench: JUSTICE Vasanti A Naik, J. & Swapna Joshi Sudhir Kamlakar Kharbade Vs. Sangita On 20 April 2018 Law Point: Hindu Marriage Act, 1955 – Sections 13(1)(ia), (ib) – Cruelty – Desertion – Appreciation of evidence – Wife respondent has ill-treated appellant-husband, in-laws and lodged false complaint against him under Section […]
CHHATTISGARH HIGH COURT JUSTICE Goutam Bhaduri, J. & Deepak Kumar Tiwari CHITRA PATEL Vs. RUPESHWAR @ RUPESH PATEL On 25 March 2022 Law Point: When person undergoes trial in which he acquitted of allegation of offence levelled by wife against husband, it cannot be accepted that no cruelty meted out on husband — After marriage […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog, J. & Pratibha Rani Jayanti Vs. Rakesh Mendiratta On 27 Oct 2016 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia), 20(2) — Mental Cruelty — Denial of conjugal relationship by wife — False allegation of sexual perversity against husband — Allegations repeatedly made in written statement […]
Court:Delhi High Court Bench: JUSTICE Avadh Behari Rohatgi Rajinder Singh Joon Vs. Smt. Tara Wati On 10 January 1980 Law Point: The conduct of the wife in refusing to see the husband lying seriously ill, was such that it amounted to cruelty. It can properly and rationally be stigmatised by the word “cruelty” in its […]
Court: Delhi High Court Bench: JUSTICE S.S. Chadha M.k. Malhotra Vs. Kirti Malhotra On 18 December 1986 Law Point: Husband suffered mental cruelty during the period the complaint of the Wife against the Husband was being investigated and enquired into by the Govt. The Wife made accusation and imputation during the trial against the Husband […]