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
CHHATTISGARH HIGH COURT JUSTICE Rajendra Chandra Singh Samant Anandram Vs. Laxmibai On 5 September 2017 Law Point: Adultery — Birth of child while living separately proves Adultery— Respondent-wife alleged to have physical relationship with number of other persons Also non-explanation by respondent-wife as to why she never made any effort to go back to her […]
MADRAS HIGH COURT JUSTICE M.M. Sundresh, J. & N. Seshasayee N. Premalatha Vs. P. M. Murali On 15 September 2017 Law Point: Appellant wife is staying with her mother and not keen to join her husband — Statutorily speaking she deserted her husband without any justifiable reasons — Other reasons from husband’s impotency to cruelty […]
CHHATTISGARH HIGH COURT JUSTICE Prashant Kumar Mishra, J. & Arvind Singh Chandel Som Kumar Bahidar Vs. Jyoti On 13 September 2017 Law Point: Wife has no desire to live with husband and statutory period of more than 2 years is over — Appellant entitled to divorce under Section 13(1)(ib) of Act. JUDGEMENT This is husband’s […]
KERELA HIGH COURT JUSTICE A.M. Shaffique, J. & Anu Sivaraman Ajithakumari R. Vs. A.S. Subhagan On 3 July 2017 Law Point: Respondent-wife alleged to be making scandalous allegations against petitioner husband among neighbours — Allegations against him will amount to his reputation being tarnished JUDGEMENT This appeal is filed by the respondent in OP (HMA) […]
MADRAS HIGH COURT JUSTICE R. Subbiah, J. & A.D. Jagdish Chandira R. Thangamani @ Mainavathy Vs. S. Sathish Kumar On 22 September 2017 Law Point: False accusations against husband not supported by proof amounts to cruelty JUDGEMENT The appellant is the wife who has filed this appeal, challenging the Order and Decreetal Order passed by […]
Court: RAJASTHAN HIGH COURT Bench: JUSTICE Pradeep Nandrajog, C.J. & Vinit Kumar Mathur Kailash Chandra Vs. Laxmi On 4 May 2018 Law Point: Indian Penal Code, 1860 — Section 498A — Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Cruelty — By the time parties recorded evidence, respondent had lodged complaint under […]
Court: GAUHATI HIGH COURT Bench: JUSTICE Arup Kumar Goswami Priyanka Das Bora Vs. Diganta Bora On 13 May 1994 Law Point: Civil Procedure Code, 1908 — Section 24 — Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Transfer of matrimonial case — No case made out by petitioner-wife — Petitioner is working as […]
Court: Chhattisgarh High Court Bench: JUSTICE Arvind Singh Chandel Sushil Chandra Sen Vs. Champa Sen On 6 October 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Appreciation of Evidence — Testimony of respondent-wife not reliable — Statement of husband appellant duly supported by his brother DW2 — That he had […]
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 […]