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
Dear Friends, I see a lot of advice about filing RCR (under various matrimonial laws, primarily Sec 9 of Hindu Marriage Act, 1955) whenever you face 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) or threat of 498a (Husband or relative of […]
“Law should not sit limply, while those who defy it go free and those who seek its protection lose hope”. (Jennison v. Baker, 1972). “Justice should not only be done but should manifestly and undoubtedly be seen to be done” is what was of fundamental importance as per Lord Hewet while explaining what entails Justice. […]
Communication between Husband and Wife is considered “Privileged Communication” besides being personal and sensitive at most times. As per the Law Dictionary, a conversation that takes place within the context of a protected relationship between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient is called Privileged […]
Before understanding the difference between review, revision and appeal under the Civil Procedure Code of 1908, let’s examine the Bare Act. Review is a provision under Section 114, which states: Subject as aforesaid, any person considering himself aggrieved- by a decree or order from which an appeal is allowed by this Code, but from which […]
Court: Delhi High Court Bench: SHIV NARAYAN DHINGRA J.L.Goel & Ors. vs Rajesh Kumar Jain & Anr. on 30 August, 2010 Mr. M.A. Khan and Mr. Mir Akhtar Hussain, Adv. For the appellant. Mr. O.P. Saxena, Additional Public Prosecutor For the respondent. Law Point: Commiting forgery with court records, wife changed the FIR with improved version in collusion with record keeper. JUDGEMENT […]
Court: Kerala High Court Bench: Justice K.A.ABDUL GAFOOR and Justice K.R.UDAYABHANU S. Prabhu vs Rajani R. on 25 January, 2007 SRI.MOHAN JACOB GEORGE, Adv. For the appellant. SRI.A.BALAGOPALAN, Adv. For the respondent. Law Point: Child visitation granted to father, jurisdiction explained under GWA JUDGEMENT The appellant and the petitioner is one and the same. He will be described in the judgment as the husband. He […]
Court: Supreme Court of India Bench: G.S. Singhvi, Asok Kumar Ganguly Vikram Vir Vohra vs Shalini Bhalla on 25 March, 2010 Law Point: Wife ordered to file affidavit before taking child abroad JUDGEMENT 1. Leave granted. 2. This appeal by the husband, impugns the judgment and order dated 27.07.09 of Delhi High Court which upheld […]
Court: High Court of Delhi Bench: JUSTICE SHIV NARAYAN DHINGRA Ram Murti Chopra And Anr vs Nagesh Tyagi on 25 September, 2008 Mr. P.Gautam, Adv. For the appellant. Mr. Vikram Nandrajog, Adv. For the respondent. Law Point: Guidelines To Determine Child Custody JUDGEMENT The petitioners are aggrieved by an order dated 15.11.2000 passed by the learned Guardian Judge whereby she allowed an application […]