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: Chhattisgarh High Court Bench: JUSTICE Prashant Kumar Mishra, J. & Arvind Singh Chandel Prabir Kumar Das Vs. Papiya Das On 29 January 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Guardians and Wards Act, 1890 — Section 9 — Civil Procedure Code, 1908 — Order 41 Rule 27 — Cruelty — […]
Court: Madras High Court Bench: JUSTICE Pushpa Sathyanarayana K.S. Vimleswaran Vs. C.P.S. Charumathi On 21 February 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Restitution of conjugal rights — Petition filed as counter blast by wife subsequent to filing of divorce petition by petitioner-husband — Least intention […]
Court: Madras High Court Bench: JUSTICE M. Jaichandren, J. & T. Mathivanan Suguna Vs. Kubendiran On 20 January 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 9, 13(1)(ib) — Cruelty — Restitution of Conjugal Rights — Desertion — Appellant-wife alleged to have made repeated threat to commit suicide by pouring kerosene on her […]
Court: Kerela High Court Bench: JUSTICE A.M. Shaffique, J. & Anu Sivaraman M.J. Shibin Vs. K.C. Diji On 9 August 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Unfounded allegations — Oral testimony of PWs 1 and 2 unshaken in cross-examination — Respondent-wife acted with utmost cruelty as against […]
Court: Kerela High Court Bench: JUSTICE A.M. Shaffique, J. & Anu Sivaraman Kochurani Chacko & Ors. Vs. K.M. Chackochen On 5 July 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Physical and Mental — Grant of divorce — Petitioner-husband alleged of having relationship with another lady — Husband suffering manhandling […]
Court: Hyderabad High Court Bench: JUSTICE C.V. Nagarjuna Reddy, J. & T. Rajani, J. V. Pavanamanjari Vs. V. Manoj Kumar On 14 March 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion — Irretrievable breakdown of marriage — Appreciation of evidence — Facts on record show appellant-wife subjected respondent-husband […]
Court: Delhi High Court Bench: JUSTICE Hima Kohli, J. & Deepa Sharma Santosh Vs. Horilal On 4 August 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Appellant wife failed to substantiate allegations levelled against respondent-husband even on yardstick of preponderance of evidence — Allegations of such a […]
Court: Delhi High Court Bench: JUSTICE Hima Kohli, J. & Deepa Sharma Rekha Rawat Vs. Yaspal Singh Rawat On 21 August 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Civil Procedure Code, 1908 — Order 9 Rule 13, Section 151 — Cruelty — Ex parte Judgment — Uncontradicted testimony of witnesses — […]
Court: Chhattisgarh High Court Bench: JUSTICE Sunil Kumar Sinha & R.N. Chandrakar Sangeeta Shukla Vs. Ganesh Shukla On 1 January 2014 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Appellant-wife, was not doing any domestic work and used to quarrel with him and go to her parents’ place — She lodged […]
Court: Kerela High Court Bench: JUSTICE A.M. Shaffique, J. & Anu Sivaraman Vijayalakshmi Vs. Vinod Nair On 4 July 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Conduct of appellant-wife is indicative of mental cruelty — During subsistence of valid marriage between parties, respondent-husband suffered major accident — He was […]