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: Kerala High Court Bench: JUSTICES M.M. Pareed Pillay & V.V. Kamat Mohanan Vs. Thankamani On 9 September 1994 Law Point: Mental Cruelty — Murder of two minor children — Amounted to cruelty of the worst-sort — Single act of violence against the children establishes the cruel conduct — Amounts to infliction of mental cruelty. […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Shashi Kumar Vs. Neelam On 8 July 2010 Law Point: Husband was denied sexual access, subjected to abuse, locked out of his room, kicked out of bed, his mother was abused and respondent was not performing any household work — This stands established by evidence […]
Court: Bombay High Court Bench: JUSTICE A.M. Khanwilkar & R.Y. Ganoo Ramesh Laxman Sonawane Vs. Meenaxi Ramesh Sonawane On 14 October 2011 Law Point: Cruelty — Desertion — Dissolution of marriage — Appellant-husband proved that respondent wife treated him with cruelty — Unsubstantiated allegations levelled by respondent wife that husband is having illicit relations.— This […]
Court: Madhya Pradesh High Court Bench: JUSTICE K.L. Shrivastava Usha Vs. Vimal Kumar On 5 January 1987 Law Point: Section 13(1)(ia) — Husband’s petition for divorce on wife’s cruelty — Wife asked to accompany husband and engaged herself in a scuffle with him and also slapped him — Altercation seen by witness — Her behaviour […]
Court: Uttarakhand High Court Bench: JUSTICE Prafulla C. Pant & Sudhanshu Dhulia Anandi Devi Vs. Komal Kumar On 2 December 2010 Law Point: Wife made no attempt to come back to her husband’s house nor tried to contact him over phone — Husband has sufficiently proved on record that he was subjected to cruelty by […]
Court: Bombay High Court Bench: JUSTICE H.L. Gokhale & V.K. Tahilramani Manisha Sandeep Gade Vs. Sandeep Vinayak Gade On 1 October 2004 Law Point: Allegations made by wife baseless and false and constituted cruelty : Learned Judge right in granting decree of divorce on that ground and rejecting her petition for maintenance under Section 18 […]
Court: Supreme Court Of India Bench: JUSTICE Anil R. Dave & L. Nageswara Rao Narendra Vs. K. Meena On 6 October 2016 Law Point: Constant persuasion by wife for getting separated from family members of husband — Wife wanted husband to leave his parents — Persistent effort of respondent-wife to constrain the appellant-husband to be […]
Court: Punjab and Haryana High Court Bench: JUSTICE J.B. Garg Satyawan Vs. Rekha On 30 May 2016 Law Point: Lodging false criminal case — Contracting second marriage — Respondent-wife lodged false criminal case against appellant-husband and his family — No material to frame charges against appellant and his family members — They were acquitted — […]
Court: Rajasthan High Court Bench: JUSTICE Ajay Rastogi & J.K. Ranka Praveena Tank Vs. Arvind Kumar Tank On 19 November 2014 Law Point: Cruelty — Character assassination — According to husband, wife was having illicit relations with a distant relative before marriage and that persisted thereafter — Parties living separately for more than 14 years […]
Court: Allahabad High Court Bench: JUSTICES Prakash Krishna & Arvind Kumar Tripathi Arti Pandey Vs. Vishnu Kant Tiwari On 12 September 2012 Law Point: Appellant-wife has treated respondent with mental cruelty and permanently deserted respondent-husband in terms of Section 13(1)(ia), (ib) of Act. Lodging of FIR and spate of complaints with all sorts of allegations […]