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.
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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:Supreme Court of India
Family Court granted maintenance to appellants wife as well as daughter @ of Rs. 2,000/- and Rs.1,000/- respectively. Before amendment of 2001, ceiling was Rs. 500/-. Family Court could not have granted maintenance exceeding Rs. 500/- p.m. either to appellant No. 1 or 2 from date of application. Appellant No. 1 was living in house belonging to respondent-husband and receiving income from land in her possession. She inherited some land from her father. To meet ends of justice both appellants entitled to amount of Rs. 1,000/- each p.m. as maintenance from date Amendment Act, 2001 came into force. No interference required in order of payment of interim maintenance.April 24, 2019
Court:Bombay High Court
Cruelty. Dowry Death. Abetment of Suicide. Common Intention. Presumption. Appeal against acquittal. No case of interference made out. Case of prosecution that after 1 year of marriage, demand was made and continued till end, does not appear to be probable in nature. Reasons given for alleged ill-treatment does not appear to be true. Conduct of accused No. 1 not consistent with his guilt. He was giving her treatment for infertility. No wilful conduct on part of accused No. 1 or his relatives which can be defined in Section 498A, IPC. Presumption under Sections 113A, 113B of Evidence Act cannot be drawn. Impugned order upheld.April 24, 2019
Court:Madhya Pradesh High Court
Cruelty by wife. Grant of divorce. Husband proved that wife was indulging in indecent manner with her Jija. Her behaviour towards husband and his family members was cruelsome. She also used to threaten his family members and husband to lodge false report against them and sending them to jail. Husband cannot be reasonably expected to live with wife. Judgment and decree passed by Trial Court affirmed.April 24, 2019
Court:Madhya Pradesh High Court
Cruelty. Attempt to Murder. Dowry demand. Appeal against acquittal. Respondents neither poured kerosene on victim nor set her ablaze and deceased never subjected to any cruelty on account of dowry demand. Acquittal by Trial Court confirmed. Respondent No. 6 victim has not implicated any of the respondents for setting her ablaze . Reasoning given by Trial Court for acquittal not contrary to settled principles of law and upheld.April 23, 2019
Court: Delhi High Court
Wife granted maintenance pendente lite @ Rs. 600/- p.m. Expenses of proceedings declined. Husband challanged impugned order. No finding by trial court about the insufficiency of the income of wife for her support. Husband earning Rs. 200/- p.m. from sale of paintings not based on any evidence. Husband net income from salary Rs. 1890.00 p.m. Wife net income Rs. 1269.00 p.m. Wife contested. Demand for separate residence. Court awarded maintenance pendente lite over and above her income which was not sufficient for her support. She justified impugned order. Perusal of record.April 23, 2019
Court:Supreme Court Of India
Dowry Death. Cruelty. High Court had before it an exhaustive and detailed order passed by Additional Sessions Judge, Delhi, it ought to have examined controversy, while keeping in mind inherent power vested in it under Section 482 of Cr.P.C. specially because Additional Sessions Judge had concluded, on basis of material relied upon by accused, that no case was made out against accused. Death of deceased was not caused by poisoning. Merely because her body had turned blue, is not a sufficient basis to infer that she had been poisoned to death. Material relied upon by appellants is sufficient to condemn factual basis of accusation as false. Judicial conscience of High Court ought to have persuaded it, on the basis of material examined by it, to quash criminal proceedings initiated against appellant-accused. Proceedings quashed.April 23, 2019
Court: Allahabad High Court
Cruelty. Desertion. Permanent alimony. Marriage completely broken down. Parties living separately for past 13 years out of 21 years of marriage. It would be inflicting further cruelty upon both parties to force them to stay together. Threats extended by defendant for committing suicide would amount to mental cruelty. It would be extremely difficult for any spouse or its family members to live in constant threat of suicide. Filing of false cases falls within the ambit of cruelty. Matrimonial bond has ruptured beyond repair because of mental cruelty caused by defendant. By her act of leaving the house of plaintiff without there being any apparent reason, would also amount to desertion particularly in view of fact that since 2000 till date she is living separately. In interest of justice defendant is allowed permanent one time alimony of Rs. 3 lacs to be given by appellant in favour of defendant-OP. Marriage between parties stands dissolved.April 23, 2019
Court: Delhi High Court
Cruelty. Dowry Death. Appeal against acquittal. Benefit of doubt. Considerable delay in lodging of FIR. Major improvements and embellishments in prosecution case which cannot be brushed aside as substratum of prosecution version has been shaken. No explanation has been given for delay in lodging FIR, let alone a satisfactory one. Nowhere near date of death demand for dowry was made. There is not even an allegation that there was any demand for dowry “soon before” the death. Respondents have been rightly given benefit of doubt . Impugned judgment of Trial Court upheld.April 22, 2019
Court:Chhattisgarh High Court
Cruelty & Desertion. Improper Inquiry. Family Court has only taken for determination ground of desertion and ground of cruelty not taken by Family Court. No opportunity granted to appellant-husband to cross-examine 3 witnesses of respondent-wife who has filed their affidavits in support of pleadings of respondent. Proper inquiry not conducted by Family Court to settle dispute between parties — Impugned judgment passed without considering all grounds raised by parties. Impugned judgment and decree passed by Family Court set aside.April 22, 2019
Court: Madhya Pradesh High Court
The income of Husband Fixed on Conjectures: Fact that Wife Worked in Television Serials and Stage Plays and Earned Some Income from said Sources, not Considered by A.D.J.: Trial Judge’s Order does not Withstand Close Scrutiny: Directed to Decide Afresh Application under Section 24 of Act. Parties to disclose their income honestly before Court below.April 22, 2019
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
498a Quash Petition: This is a template which can be used with suitable amendments in case of Compromise/Settlement & include all parameters.March 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
Mutual Consent Divorce Application: 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
- 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.
- 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 🙂
- 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
- 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.
- 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.
- 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