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: HIGH COURT OF JUDICATURE AT BOMBAY Bench: Nitin Jamdar, Sharmila U. Deshmukh Nalini Nagnath Upalkar vs Shri. Nagnath Mahadeo Upalkar on 12 October, 2022 Law Point: Conduct of petitioner-wife in continuing to make unwarranted, false an baseless allegations pertaining to respondent-husband’s character labelling him as alcoholic and womaniser has resulted in shredding his reputation […]
Court: Rajasthan High Court Bench: JUSTICE Sangeet Lodha Pushpa Vs. Damodar & Anr. On 6 January 2016 Law Point: Civil Procedure Code, 1908 — Section 11 — Hindu Marriage Act, 1955 — Sections 13(1A)(ii), 9 — Res judicata — Subsequent divorce petition — No restitution of conjugal rights — Cruelty — Mother not in issue […]
Court: Punjab and Haryana High Court Bench: JUSTICE Mehinder Singh Sullar Rakesh Kumar Vs. Shashi Bala On 19 February 2014 Law Point: Civil Procedure Code, 1908 — Order 9 Rule 13 — Hindu Marriage Act, 1955 — Section 13 — Setting aside ex parte decree of divorce — Production of entire evidence of petitioner-husband is […]
Court: Bombay High Court Bench: JUSTICE B.P. Dharmadhikari & A.S. Chandurkar Uttara Praveen Thool Vs. Praveen On 6 January 2014 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Appellant-wife failed to prove either ill-treatment or demand of amount of Rs. 4,000 by respondent-husband — She deserted respondent without […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog, J. & Pratibha Rani Pushkar Gupta Vs. Narender Kumar Gupta On 25 October 2016 Law Point: Hindu Marriage Act, 1955 — Sections 9, 13(1A)(i), 23(1)(a) — Restitution of Conjugal rights — Non-compliance of decree — Dissolution of marriage — Husband not disentitled to divorce — Parties separated […]
Court: Madhya Pradesh High Court Bench: JUSTICE K.K. Adhikari Radheshyam Sharma Vs. Kusum Sharma On 06 September 1988 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia) and (ib) and 28 Husband’s petition for divorce on ground of wife’s cruelty and desertion dismissed by Trial Court — Appeal against — Wife lived for 5 days […]
Court:Supreme Court of India Bench: JUSTICE G.P. Mathur & A.K. Mathur Sujata Uday Patil Vs. Uday Madhukar Patil On 13 December 2006 Law Point: MATRIMONIAL LAW — Appeal against Decree of Divorce — Cruelty, Desertion — Limitation to file appeal — Amended provision of Section 28(4), Hindu Marriage Act provides period of limitation of 90 […]
Court: Delhi High Court Bench: JUSTICES D.K. Kapur & S. Ranganathan Sushma Vs Satish Chander On 13 May 1994 Law Point: Hindu Marriage Act, 1955 — Sections 13 and 25 — Husband’s petition for divorce dismissed — Whether wife entitled to permanent alimony thereafter? (No) — Meaning of the words “at the time of passing […]
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: JUSTICE R.K. Verma Rajni Vs. Shantilal On 28 October 1991 Law Point: Section 13 — Cruelty — Husbands petition for divorce — Ground — Cruelty — Marriage took place in 1976 — Wife living with the husband only two or three times — Tried to commit suicide — Wife […]