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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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section 13(1)(ia)

Hemali Bindesh Kelaiya Vs. Bindesh Jayantilal Kelaiya

Court: Bombay High Court Bench: JUSTICE V.K. Tahilramani & V.L. Achliya Hemali Bindesh Kelaiya Vs. Bindesh Jayantilal Kelaiya On 13 May 1994 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(iii) — Evidence Act, 1872 — Section 65 — Cruelty — Mental disorder — Failure to prove both grounds — Non-entitlement of wife to […]

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D. Swarnalatha Vs. D. Appa Rao

Court: Andhra Pradesh High Court Bench: JUSTICE L. Narasimha Reddy & K.G. Shankar D. Swarnalatha Vs. D. Appa Rao On 20 March 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — No case made out to grant divorce by appellant-wife — Parties lived together for 15 years — Differences started when […]

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Imlesh Vs. Amit

Court: Punjab and Haryana High Court Bench: JUSTICE S.S. Saron & Navita Singh Imlesh Vs. Amit On 4 February 2014 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 9 — Cruelty — Restitution of Conjugal Rights — Dismissal of application under Section 9 of Act, filed by wife — Wife filed case under Section […]

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Sunil Kumar Chaurasia Vs. Neelima

Court: Allahabad High Court Bench: JUSTICE Arun Tandon & Abhai Kumar Sunil Kumar Chaurasia Vs. Neelima On 22 April 2016 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13A, 9 — Family Courts Act, 1984 — Section 19 — Cruelty — Judicial Separation — Restitution of conjugal rights — Parties living separately for past […]

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Divorce Granted on Non Resumption of Conjugal Rights after Judicial Separation

Patna High Court JUSTICE I.A. Ansari, CJ., Nilu Agrawal Rajesh Kumar Vs. Pushpa Rani On 16 September 2016 Law Point: Judicial Separation — Non-resumption of conjugal rights — Divorce — Second marriage — Appeal infructuous — If upon filing of appeal, seeking to set decree for judicial separation set aside, no stay order against decree […]

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Kiran Singh Vs. Dr. Shiv Kumar

Court: Allahabad High Court Bench: JUSTICE Saeed-Uz-Zaman Siddiqi Kiran Singh Vs. Dr. Shiv Kumar On 26 November 2013 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 9 — Cruelty — Restitution of Conjugal Rights — Love marriage — Appellant-wife was so much swayed by her emotions that she got her MBBS study transferred to […]

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Shikha Tamrakaar Vs. Rohit Kumar Tamrakaar

Court: Madhya Pradesh High Court Bench: JUSTICE Ajit Singh & N.K. Gupta Shikha Tamrakaar Vs. Rohit Tamrakaar On 19 December 2013 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion — Appellant-wife was quarrelsome with her husband and his parents — She was not making meals for them, forced her […]

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Indu Kushwah Vs. Manoj Singh Kushwah

Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele & D.K. Paliwal Indu Kushwah Vs. Manoj Singh Kushwah On 14 May 2013 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Dissolution of marriage — Appellant-wife committed cruelty within purview of provision of Section 13(1)(ia) of H.M. Act — Leaving matrimonial house […]

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Jayanti Vs. Rakesh Mediratta

Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog, J. & Pratibha Rani Jayanti Vs. Rakesh Mendiratta On 27 Oct 2016 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia), 20(2) — Mental Cruelty — Denial of conjugal relationship by wife — False allegation of sexual perversity against husband — Allegations repeatedly made in written statement […]

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Hrishikesh Talukdar Vs. Purabi Baishya

Court: Gauhati High Court Bench: JUSTICE Ajit Singh, CJ. & Manojit Bhuyan Hrishikesh Talukdar Vs. Purabi Baishya On 8 February 2018 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia) — Cruelty — Wife repeatedly maligned reputation of appellant-husband in public — She approached Mahila Samity and Media through press conference as well as newspaper […]

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