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:Delhi High Court Bench: JUSTICES Pradeep Nandrajog, J. & Yogesh Khanna Sanjiv Kumar Jindal Vs Anil Kumari @ Neelam On 21 November 2016 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib)— Mental cruelty — Desertion — Depression — Suppression of disease — Leaving matrimonial home without informing — Unilateral termination of pregnancy — […]
Court: Jharkhand High Court Bench: JUSTICES Aparesh Kumar Singh, J. & Ratnaker Bhengra Jitendra Kumar Sharma Vs Anita Devi On 12 July 2018 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Mental Cruelty — Desertion — Irretrievable breakdown of marriage — Daughter born out of wedlock — Conduct of respondent-wife in going […]
Court: Madras High Court Bench: JUSTICE K.M. Natarajan, A.P. Ranga Rao Vs Vijayalakshmi On 26 September 1988 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty Meaning of — Several attempts by wife to commit suicide — Acts or ‘conduct of the party charged must be cruel according to the ordinary sense of […]
Court: Supreme Court Of India Bench: JUSTICES Vikramajit Sen & Abhay Manohar Sapre Vinod Kumar Subbiah Vs Saraswathi Palaniappan On 24 April 2015 Law Point: Decree of restitution of conjugal rights in favour of the husband. Interim maintenance should not be endorsed. JUDGEMENT These Appeals assail the Judgment of the learned Single Judge of the […]
Court: Rajasthan High Court Bench: JUSTICES Pradeep Nandrajog, CJ. & Vinit Kumar Mathur Lalit Kumar Mehta Vs Sanjeeta On 12 July 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Appreciation of evidence — Marriage never took off — Rash actions of respondent wife under trivial matters — Since childhood […]
Court: Uttarakhand High Court Bench: JUSTICES Rajiv Sharma, J. & Alok Singh Indu Kukreja Vs Deepak Kukreja On 13 April 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Appellant-wife indulged in character assassination of respondent-husband in presence of PWs — They are independent witnesses — One of the witnesses […]
Court: Madhya Pradesh High Court Bench: Faizanuddin Subhash Vs Laxmibai On 24 January 19854 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce petition of husband on account of wife’s mental cruelty and desertion — Wife not allowing cohabitation — Wife threatened to commit suicide by pouring kerosene on herself on two occasions […]
Court: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena PREM LATA Vs. MURARI LAL On 9 March 1995 Law Point: Cruelty — Wife resided in matrimonial home only on 3 occasions — Wife and her brother admitted no demand of dowry made by respondent ever. Educated lady, accustomed to amenities of city life, […]
Court:Delhi High Court Bench: JUSTICE Sunil Gaur Mahendra Kumar Sharma Vs Sunita Sharma On 25 November 2014 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Grant of divorce — Reckless allegations against appellant husband of having extra-marital affairs with lady living in same locality — Allegations false and unsubstantiated and […]
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 […]