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 brings about a simii as to how the Me Too Movement shall fail to achieve the goals…February 28, 2019
In this article, I have discussed the provision of Right to Reside in the shared household and answer frequently…February 6, 2019
This article explains the offence of stalking as envisaged in Indian Penal Code.December 6, 2018
Supreme Court in an effort to perceive and scrutinise the protective measure for IPC Section 498A, decided to abolish…November 4, 2018
I SUPPORT #METOO MOVEMENT Ever since #MeToo and #MeTooIndia started trending on twitter and then on all media platforms,...October 18, 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
Alleged suppression of earlier marriage by appellant-wife. Acting solely on basis of marriage certificate, trial Court as well as High Court proceeded to determine validity of marriage between parties though both Courts were exercising jurisdiction in a proceeding for maintenance. Till date, marriage between parties is yet to be annulled by a competent Court. If under law, marriage between parties still subsists appellant would continue to be legally married wife of respondent so as to be entitled to claim maintenance and other benefits under Domestic Violence Act, 2005. Mere production of a marriage certificate issued under Section 13 of Special Marriage Act, 1954 was not sufficient for any of the Courts, including High Court, to render a complete and effective decision with regard to marital status of parties and that too in a collateral proceeding for maintenance.April 18, 2019
Court:Madhya Pradesh High Court
Appeal against acquittal. No illegality or perversity. Complainant left the matrimonial house after 2 months of marriage. No possibility of any cruelty meted out to her. mother of complainant wanted that all her sons-in-law should reside with her as “Gharjamai”. Respondent No. 1 left the house, false FIR was lodged against him and his family members to pressurize him.April 18, 2019
Court:Punjab And Haryana High Court
Wife Living apart & depriving husband of co-habitation is an act of cruelty. No reasonable ground given by wife for living separately. Sudden rudeness in behaviour of husband not obvious. Wife deserted husband without plausible excuse. Failed to adduce cogent evidence of alleged beating by husband. Rather admitted that she was left at her parental home by her husband. Joint living impossible. Considering evidence on record, status, educational qualifications & public opinion , Held, it would be proper to grant decree for judicial separation & not divorce.April 18, 2019
Dispute whether ‘C’ or respondent ‘L’ legally married wife of Husband or was it case of bigamy. Direction for initiation of departmental proceedings by High Court.
Improper and invalid Marriage. High Court while dealing with application under Section 125, Cr.P.C. essentially adjudicated that offence under Section 494, IPC is made out. Suit filed in Durgapur Civil Court is pending where prayer was made for declaration that respondent was not his wife. Whether there was second marriage as contended and whether ‘L’ was his wife as claimed or ‘C’ was wife of Husband as claimed by him is yet to be decided. Not open to High Court while exercising revisional jurisdiction to give direction for initiation of departmental proceedings. Directions given in this regard both in original order and subsequent order quashed.April 18, 2019
Court:Calcutta High Court
Prosecution case not proved by sufficient reliable evidence beyond all reasonable doubt. Probability of defence that deceased committed suicide out of frustration and mental depression as psychiatric patient as she being married lady had no child. Trial Court was not correct and justified in convicting and sentencing appellants for offence under Sections 498A, 306 and 34, IPC. Conviction and sentence passed by ASJ set aside. Appellants are acquitted of offences and set at liberty.April 17, 2019
Court:Delhi High Court
Husband filed petition for divorce pleading cruelty and desertion since June, 1981 for a continuous period of three years. Trial court dismissed the petition on the ground that mere leaving by the wife of the matrimonial home did not prove desertion. Appeal against the judgment of trial court , Whether the respondent wife was guilty of desertion and cruelty — Yes.April 17, 2019
Court:Andhra Pradesh High Court
Petition u/s. 127 for enhancement of maintenance granted u/s. 125. Nature of proceedings and where to be field. Held Section 127 Cr.P.C. is an independent proceeding and, therefore, Section 126 has no application thereto and that the petition for enhancement of maintenance will have to he filed before the same magistrate who had passed orders of maintenance in the first instance.April 17, 2019
Court:Madhya Pradesh High Court
Husband’s petition for divorce on ground of wife’s cruelty and desertion dismissed by Trial Court. Wife lived for 5 days with husband did not allow sexual intercourse. Thereafter left the matrimonial home and did not return despite efforts. Wife absent. Ex-parte evidence of husband. No rebuttal on record.April 16, 2019
Court:Bombay High Court
Allegations against husband that Wife committed suicide by jumping out of running Jeep because he quarrelled before incident and threatened her of dire consequences. Documentary evidence established that she had died in accident. Wife continued to serve as a teacher even after marriage. She was meeting her husband only on week-ends. She was residing with her parents seven months prior to the date of incident. It cannot be said that she had no other alternative but to commit suicide.April 16, 2019
Court:Allahabad High Court
Amendment application amending amount claimed in proceedings under Section 125 is not permissible in law. Impugned order passed on amendment application unsustainable in eyes of law and set aside.April 16, 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
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
- 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
- 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 🙂
- 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.
- 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.
- 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 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.