Divorce Rate in India
The divorce rate in India is so low – about 13 in 1,000 marriages, against 500 in 1,000 marriages in the UK – that it arguably looks fishy.
Acquittal Rate in 498a Cases
The acquittal rate in 498a (Dowry Harassment) Cases is very high. The acquittal rate in all other IPC cases stands at 59.20%.
Rape Case Acquittal Rate
In 2010, 14,263 cases of rape were decided, with the accused being acquitted in 10,475 cases, or 73.4%. Only 26.6% accused were convicted.
Acquittal Rate in Dowry Death
The acquittal rate in Dowry Death cases is very high because Police treats the even death of married women in accident as dowry death.
This article covers the details of Section 354C of IPC, which is also called Voyeurism and the section provides…October 2, 2018
1st Conference on National Commission for Men was organized on 23rd Sept., 2018 at Constitution Club. This is my…September 24, 2018
How 498A is handled at investigative stage has changed every few years. In 2017 Rajesh Sharma judgment gave detailed…September 14, 2018
IPC 354B was added post Nirbhaya Gang Rape Case in Indian Penal Code. This article is a primer as…August 28, 2018
In aftermath of Nirbhaya Gang Rape, new sections in IPC were added, which provides punishment for various Sexual Crimes…August 20, 2018
Welcome to Shoneekapoor.com
To use an oft repeated cliche – some people are born activists, some grow to be and on some activism is forced upon. I fall in last category. I don’t claim to be an activist or anything, but as with labels it is difficult to get away from.
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. I was working with a software company and had not seen the inside of the police station or court room till that day.
As I progressed in my cases, I increasingly found that odds are loaded against men in general, whether it was to be assumed guilty till proven otherwise, access to the child, maintenance laws or even the innocuous law of divorce, which on the face of it is equal for both sexes. But, as they say, “if you don’t fight for what you want, don’t cry for what you’ve lost.” I set about fighting back, so there was no other option but to fight-back.
Why this website?
The site is a work in progress and all efforts are being taken to provide relevant and updated information. However, it is strongly urged that you use the information after due deliberation with a legal expert of your choice. The owner of this site does not take any responsibility for any loss or damage suffered by the user of this site.
“ Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine
For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”
Find out more
Court: HIGH COURT OF BOMBAY
The fact that a decree for judicial separation has been passed in favour of the husband on the ground of desertion means that the wife is guilty of refusing to live with her husband without any sufficient reason. Such a wife is not entitled to maintenance under Section 125 of the Criminal Procedure Code, 1973 as she has no reasonable ground not to live with her husband.October 16, 2018
Court:Supreme Court of India
Dowry Death : Abetment of Suicide : Evidence on Record does not Suggest Deceased was Subjected to Cruelty or Harassment by her Husband or by her Father-in-law and Mother-in-law for or in Connection with Dowry Demand : Letters Written by Deceased Rather than Supporting Case of Prosecution, Support Case of Defence that her in-laws Showered Love and Affection on Deceased and not Subjected her to Cruelty or Harassment in Connection with any Demand for Dowry : Prosecution Failed to Prove its Case beyond Reasonable Doubt : Appellants Entitled to Acquittal — Indian Penal Code, 1860 — Sections 304B, 306.October 16, 2018
Court:SUPREME COURT OF INDIA
Criminal – Cruelty – Acquittal by HC- Delay in filing FIR – Trial Court found Accused guilty of the offence punishable under Section 498A IPC and accordingly sentenced him to undergo simple imprisonment for one year – On appeal – High Court set aside the conviction – Whether the High Court is justified in acquitting the Respondent – Held, delay in lodging the First Information Report, more often than not, results in embellishment and exaggeration, which is a creature of an afterthought – A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of coloured version, exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serious doubt on its veracity – Therefore, it is essential that the delay in lodging the report should be satisfactorily explained – No interference needed – Appeal dismissed.October 11, 2018
Court:Supreme Court of India
Sections 304B, 498A — Evidence Act, 1872 — Sections 113A, 113B — Dowry Death, Cruelty — Presumption — Benefit of doubt — It will not be sufficient to only lead evidence showing that cruelty or harassment meted out to victim, but that such treatment was in connection with demand for dowry — Prosecution failed to fully satisfy requirements of both Section 113B of Evidence Act and Section 304B, IPC.October 11, 2018
Court:SUPREME COURT OF INDIA
Mere demand of dowry at one or two instances may not attract provisions of Section 304B IPC. No material to show there was persistent demand of dowry by appellant — He is acquitted of charge under Section 304B, IPC.October 10, 2018
Court:BOMBAY HIGH COURT
Maintenance : Parties residing separately by mutual consent by relinquishment deed : In view of Section 125(4), Cr.P.C. wife would not be having right to claim alimony from husband after date of execution of said agreement if that agreement acted upon and appropriate provision for maintenance made.October 10, 2018
Court:ANDHRA PRADESH HIGH COURT
Cruelty : Sufficient Material Against Wife : Marriage Irretrievably Broken Down — Behaviour of respondent-wife such that it is impossible for petitioner-husband to share marital life with her — Even in her evidence she admitted that she gave police complaints against petitioner and sent petitions against him to High Court only with a view to create problems to petitioner —Respondent-wife is bent upon wreaking vengeance against petitioner — Cumulative effect — Marital relationship of parties irretrievably broken down.October 10, 2018
Court:HIGH COURT OF JHARKHAND
Even if the allegations made by the complainant was taken to be true on its face value then also the Appellate Court had no territorial jurisdiction to try the case in view of Section 177 and 181(4) of the Code Of Criminal Procedure, 1973 (Cr.P.C) – Thus entire criminal proceeding against the Petitioners in connection with PCR Case was pending in the court of Sub Divisional Judicial Magistrate, was without jurisdiction.October 10, 2018
Court:SUPREME COURT OF INDIA
Conviction for offence under Section 498 cannot be sustained in absence of unlawful demand for property and valuable articles.October 9, 2018
Court:HIGH COURT OF KERALA
When wife is living in adultery, she is not entitled to get any amount towards maintenance.October 9, 2018
Shonee in Media
Template for Petition of Decree of Nullity of Marriage Under The Hindu Marriage Act.May 17, 2018
Template of Petition for Judicial SeparationApril 24, 2018
This is a Template for Petition of Divorce on Ground of Adultery under Hindu Marriage Act. The same can be amended to suit one’s particular needs and more particulars like cruelty etc also can also be added to suit the needs.April 24, 2018
Template for Application Under Section 127 (1) Cr.P.C.March 14, 2018
Petition Under Section 482 of Cr.P.C for Quashing – TemplateMarch 2, 2018
Template for 138 Legal Notice.February 27, 2018
This is a complaint template for lodging a complaint to state human rights commission.January 16, 2018
This is a sample WILL or TestamentOctober 29, 2017
This is a sample application presented by both parties, Husband and Wife, to the Court for filing their First Motion in a Mutual Consent Divorce proceedingOctober 25, 2017
This is a sample of memorandum of understanding between husband and wife in a mutual divorce proceedingOctober 25, 2017
- Sahodar meetings are the most important & result oriented for the people who are trapped into these Gender Baised Laws. Guidance and advice of Respected Shonee Kapoor sir is truly excellence at par. Sahodar helps me to understand law well and becomes a ray of hope to fight well of mine cases. "Less Activisms, More solution..!!
~Harish Kumar, CA
- Hello Shonee sir, I just want to thank you :-). I have battled usual fake matrimonial cases and your comments, suggestions and feedback on various forums to various people really helped me while preparing for my battle and winning the battle (if one calls defending well as winning), also you were kind to answer my emails. Really appreciate the good work you are doing and thanks again 🙂
- The quality of advice of Mr. Shonee Kapoor is unmatched in matrimonial cases. His advice to me on Perjury has helped me close my case on my own terms. I wish him Good luck in his endeavours and may God bless him.
- The crystal clear advise and no-nonsense approach of Mr. Shonee Kapoor has helped me quite a lot in my fight against my ex-wife and her family. Not only has he fought his own cases with aplomb but helped many like me, who are honoured to have him as Friend, Philosopher and Guide.
- I met Shoneeji during a men’s right meeting and he gave me a patient hearing. Even though I am not from Delhi, he kept guiding me on email and phone as I was fighting my own cases. Today, I am a free man with no case on me or my family. I owe a big thanks to Shoneeji for his timely advice and guidance.
~P.V. Subba Reddy
- Thanks a lot. Due to your website, so many brothers have saved their life after reading useful information they came out of fear & suicidal tendencies. Thanks lot for your work & support.