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.
CONSULTATIONCommunication 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 […]
Approved by Indian Parliament in year 1983, Indian Penal Code 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharariya Nyaya Sanhita, 2023) is a criminal law (not a civil law) which is explained as follows, “Whoever, being the husband or the relative of the husband […]
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: Punjab and Haryana High Court Bench: JUSTICE GURDEV SINGH Raj Kumari vs State Of Punjab And Others on 30 April, 2011 Mr.G.S.Verma, Adv. For the appellant. Mr.P.S. Bajwa, Adv. For the respondent. Law Point: Transfer petition denied due to suppression of facts JUDGEMENT The petitioner, Raj Kumari, who is the complainant in the case titled “State vs. Prem Pal and others” […]
Court: HIGH COURT OF UTTARAKHAND Bench: JUSTICE O.P.DWIVEDI Smt. Jaishree vs Sri Arjun Singh on 17 March, 2011 Mr. Ramji Srivastava, Advocate For the appellant. Mr. Sandeep Tandon, Adv. For the respondent. Law Point: Husband won the divorce on the grounds of Cruelty by wife, divroce granted with limited alimony JUDGEMENT This appeal, preferred under Section 19 of the Family Courts […]
Court: High Court of Delhi Bench: JUSTICE KAILASH GAMBHIR Smt. Nitu Aggarwal vs Sh Gireesh Gupta on 19 November, 2010 Mr. Rajiv Shukla, Adv. For the appellant. Mr.Gyan Prakash, Adv. For the respondent. Law Point: Roping in relatives in false cases amounts to cruelty towards husband JUDGEMENT 1. By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant […]