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: Madhya Pradesh High Court Bench: JUSTICE Brij Kishore Dube Meenakshi Jatav & Ors. Vs. Seema Sehar (dr.) & Anr. On 28 January 2013 Law Point: No specific allegations made against petitioners — Petitioners are sisters-in-law of respondent, are residing separately — Marriage of petitioners took place much before marriage of respondent — Relief sought […]
Court: Orissa High Court Bench: JUSTICE B.K. Nayak Smita Singh Vs. Bishnu Priya Singh & Ors. On 6 May 2013 Law Point: Protection of Women from Domestic Violence Act, 2005 — Orders which scuttle rights of applicants to get relief under Act or bring proceeding to an end at the threshold must be held to […]
Court: Delhi High Court Bench: JUSTICE G.P. Mittal Hima Chugh Vs. Pritam Ashok Sadaphule & Ors.On 10 April 2013 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(f), 2(s) — “Domestic Relationship” — Protection order — Respondent Nos. 2 to 6 viz., father-in-law, brother-in-law and other near relations of respondent No. […]
Court: Delhi High Court Bench: JUSTICE Mukta Gupta Kusum Lata Sharma Vs. State & Anr. On 2 September 2011 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(a), 2(f), 2(q), 12 — Indian Penal Code, 1860 — Section 498A — Criminal Procedure Code, 1973 — Section 482 — “Aggrieved Person” — […]
Court: Madras High Court Bench: JUSTICE C.T. Selvam C. Chandramohan & Anr. Vs. Varsha & Anr. On 23 January 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Section 12 — Criminal Procedure Code, 1973 — Section 482 — Domestic Violence — Allegation against brother of husband — Quashing of proceeding – […]
Court: Delhi High Court Bench: JUSTICE Sunil Gaur Ravi Dutta Vs. Kiran Dutta & Anr. On 11 February 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 28, 23(2) — Interim maintenance — Non-consideration of Domestic Incident Report by trial Court — Court trying cases under D.V. Act cannot bypass mandate […]
Court: Kerala High Court Bench: JUSTICE M. Sasidharan Nambiar Surendran Vs. State Of Kerala On 16 July 2009 Law Point: Sections 2(a), 12, 18, 19, 20 — Aggrieved person — Marriage has been declared as null and void at instance of wife, she cannot be an aggrieved person as provided under Section 2(a) of Act […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Razia Begum Vs. State, Nct Of Delhi & Ors. On 4 October 2010 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(q), 2(f) — ‘Respondent’ — Every relative of husband cannot be made as respondent — In order to fix liability upon […]
Court: CHHATTISGARH HIGH COURT Bench: JUSTICE Parth Prateem Sahu SHYAM SUNDAR SINGH & ORS. Vs. SULOCHANA DEVI On 23 November 2021 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 2(a), 2(f), 3, 12 — Domestic violence — ‘Domestic relationship’ does not exist between parties — There is severance of relationship of […]
Court: Punjab And Haryana High Court Bench: JUSTICE Jaishree Thakur Krishan Kumar and Ors. vs. Navneet and Ors. On 21 February 2018 Law Point: Right to reside – Section 2(s) of Protection of Women from Domestic Violence Act – House being exclusively belonging to father-in-law, it could not be called as a shared household within […]