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 explains the offence of stalking as envisaged in Indian Penal Code.December 6, 2018
The most comprehensive article explaining IPC 498A and related matrimonial offences which may be alleged by Wife against the…November 4, 2018
I support #MeToo Movement primarily because it either exposes the pseudo feminists or gives him taste of his own…October 18, 2018
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
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
Section 304B — Dowry death within 2 years of marriage – Persons who are not member of the husband’s family had no reason to be present at the house of the accused when the decased died due to burn injuries. their acquittal in upheld.January 14, 2019
Court:Supreme Court of India
Witnesses gave different versions regarding demand of dowry : Lack of evidence to prove demand of dowry : Evidence led by prosecution bristle with discrepancies and contradictions : It could not be proved accused made demand of dowry soon before death and deceased harassed due to this. High Court right in acquitting accused for offence under Section 304-B, IPC.January 12, 2019
Court:HIGH COURT OF CALCUTTA
Even if the statements of the complainant and her parents are taken on their face value and accepted in their entirety that the behavior and talks of the complainant was like that of a girl living in a slum or the parents of the complainant did give her proper education it did not make out any prima facie case in respect of the offences under Sections 498A/506/406/ 323 of the Indian Penal Code and Section 6(2) of the Dowry Prohibition Act.January 11, 2019
Court:SUPREME COURT OF INDIA
Sections 498A, 302, 201 and 304B – In a case of this nature where the prosecution has failed to establish that it was an unnatural death it cannot be surmised that death must be due to unnatural circumstance.January 11, 2019
Court:RAJASTHAN HIGH COURT
Sections 126(2), 482 r/w Section 125(3), Proviso — Expression “shall” : Significance : Mandatory Duty upon Court to Record Evidence in Presence of Husband — If such person offers to maintain his wife on condition of her living with him and she refuses to live with him, Magistrate may consider grounds of refusal and make order not withstanding such offer on his satisfaction — Section 126(2), Cr.P.C. imposes mandatory duty upon Court to record evidence in presence of husband — CJM directed to recall both witnesses i.e. wife and her father for cross-examination in presence of petitioner on payment of costs.January 11, 2019
Court:MADRAS HIGH COURT
Section 13(1)(ia) — Mental Cruelty — Denial of conjugal relationship and insistence for setting up separate home will amount to cruelty to husband — No strong reason adduced by respondent/wife to establish harassment or torture by mother-in-law — These pleadings made only to stay away from husband — Continuous separation show no chance of reunion between parties — Marriage has become dead and there is no purpose in continuing legal bond between parties — Divorce granted to appellant/husband.January 11, 2019
Court:BOMBAY HIGH COURT
Section 125 — Maintenance — Ex parte order — Absence of respondent not wilful or deliberate — Family Judge automatically proceeded with matter by simply noting absence of respondent — Impugned order not in accordance with law and set aside.January 10, 2019
Court:ORISSA HIGH COURT
Sections 304B, 498A, 34 — Appeal against acquittal — Dowry death — Cruelty — Common intention — No direct evidence on record to show respondents were subjecting deceased to cruelty demanding dowry — No mention regarding this in letters written by deceased — Trial Court committed no illegality in acquitting respondents of all charges.January 10, 2019
Court:ALLAHABAD HIGH COURT
DNA Test — Paternity of child — Directions given in mechanical manner — Evidence led by parties not examined by Family Court — Any order or direction for DNA test can be given by Court only when strong prima facie case is made out for such a course — Legal position relating to DNA test, allegations levelled by parties, welfare of child, stage for conducting DNA test not reached in this case — Principal Judge, Family Court erred in directing for DNA test of child without applying its mind on evidence led by parties in respect of their rival assertions — Impugned order unsustainable and set aside.January 10, 2019
Court:ANDHRA PRADESH HIGH COURT
Cruelty — Illicit intimacy — Allegedly first respondent was living in adultery with second respondent — They have a child also — As per DNA Test, appellant-husband has been held to be not biological father of child gave birth by first respondent— Neither of respondents is present to controvert averments — Divorce granted on ground of cruelty.January 10, 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
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
- 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.
- 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
- 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.
- 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.
- 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 🙂