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
BOMBAY HIGH COURT JUSTICE M.L. Tahaliyani DEEPAK @ GAJANAN RAMRAO KANEGAONKAR Vs. STATE OF MAHARASHTRA & ORS. On 1 July 2015 Law Point: Respondent No. 2-wife knew that applicant was married person and had children from his first wife — Respondent No. 2 was not “aggrieved person” […]
JHARKHAND HIGH COURT JUSTICE H.C. Mishra, J. & Dr. S.N. Pathak Kumari Pooja @ Pooja Kumari Vs. Nandan Kumar @ Munna On 6 February 2017 Law Point: Void Marriage — Appellant-wife pregnant at the time of her marriage by some person other than Respondent-husband — Unimpeachable evidence that female child born to appellant within 6 […]
CHHATTISGARH HIGH COURT JUSTICE Goutam Bhaduri Nafisa Anjum & Ors. Vs. State Of Chhattisgarh & Anr. On 26 September 2018 Law Point: Omnibus allegations against petitioners — No averments that petitioners were part of shared household — Petitioners are not residing with husband of complainant/respondent and/or in any part of shared household — Domestic relationship […]
Bombay High Court JUSTICE Anuja Prabhu Dessai Hardeep Singh Arora Vs. State Of Maharashtra & Ors. On 12 January 2018 Law Point: Protection of Women from Domestic Violence Act, 2005 Section 12 Domestic Violence Restriction on right to travel abroad False/misleading statement Personal vengeance Contempt of Court Petitioner-husband, not being an offender or accused in […]
Gauhati High Court JUSTICE Ajit Borthakur Bismita Saikia @ Bismita Saikia Dutta Vs. Pranjal Dutta & Ors. On 20 April 2018 Law Point: Domestic Relationship Marriage between petitioner (wife), alleged aggrieved person, and respondent No. 1-husband dissolved by decree of divorce, domestic relationship automatically came to an end Application under Section 12 not maintainable in […]
Court: Allahabad High Court Bench: JUSTICE Vijay Lakshmi Sanjeev Kumar Agarwal Vs. Rashmi Agarwal & Anr. On 9 May 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 22 — Criminal Procedure Code, 1973 — Section 125 — Domestic Violence — Compensation orders — Justification — Wife had not moved […]
Court: Madhya Pradesh High Court
Bench: JUSTICE N.K. Gupta
Mamta Bai & Anr. Vs. Manoj Kumar Rai & Anr. On 8 January 2014
Law Point:
Protection of Women from Domestic Violence Act, 2005 — Section 12 — Grant of maintenance and return of Stridhan of applicant No. 1 — Considering circumstances in which applicant left house of respondent at intervention of police and legal steps by father to take his daughter home — It cannot be presumed that applicant left house without taking her ornaments, it was not alleged by applicant that ornaments were in custody of respondent or kept in locker — ASJ rightly accepted testimony of ‘G’ in this regard and rightly found Trial Court committed error in directing return of entire Stridhan to applicant No. 1 — No interference required in criminal revision — No illegality committed by Appellate Court in deciding appeals filed before it — No relief can be given to applicants more than granted by Appellate Court — Revision relating to return of Stridhan cannot be accepted.
[vc_column_text pb_margin_bottom=”no” pb_border_bottom=”no” width=”3/4″ el_position=”first”] Court: Delhi High Court Bench: JUSTICE I.S. Mehta Nihal Singh (Dr.) Vs. Dr. Priyanka Singh Badaliya Baby Harsha On 11 Oct 2017 Law Point:Protection of Women from Domestic Violence Act, 2005 — Section 12 — Criminal Procedure Code, 1973 — Sections 397, 401 — Maintenance — Award of — Statutory […]
Court: Delhi High Court Bench: JUSTICE I.S. Mehta Avinash Chandra Arora Vs. Anita Arora & Anr. On 21 March 2017 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 23, 29 — Interim Maintenance — Residential accommodation — Husband has no objection to payment of interim monthly maintenance of Rs. 5,000/- […]
Court: Gauhati High Court Bench: JUSTICE B.D. Agarwal Bimal Mitra & Ors. Vs. Ashalata Mitra On 23 July 2013 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 26, 12 — Domestic violence — Relief in other suits and legal proceedings — Reliefs that can be claimed under D.V. Act by way […]