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.
In aftermath of Nirbhaya Gang Rape, new sections in IPC were added, which provides punishment for various Sexual Crimes…August 20, 2018
This article covers the law of maintenance for senior citizens in India. What are the laws w.r.t. same and…August 8, 2018
An article to dispel the myth that impending Supreme Court judgment decriminalizing S 377 between consenting adults would help…July 14, 2018
An article on how Thomson Reuters Foundation report is an attack on current polices of Indian Government and does…June 28, 2018
LIve in & problems related to it is on rise. This article tries to cover the legal position w.r.t….June 27, 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: HIMACHAL PRADESH HIGH COURT
Abetment of suicide – No evidence on record that deceased was subjected to cruelty by accused prior to her death and cruelty was to such an extent which forced the deceased to commit suicide – Accused rightly acquitted.August 21, 2018
Court: HIMACHAL PRADESH HIGH COURT
Medical evidence shows prosecutrix habitual of sexual intercourse. Delay of one day in reporting the matter to police not explained by prosecution – Prosecution failed to prove its case against accused – Accused rightly Acquitted.August 20, 2018
Court:PUNJAB AND HARYANA HIGH COURT
In the absence of any cruelty, dying declaration itself cannot be made basis for conviction-Accused acquitted.August 20, 2018
Court:DELHI HIGH COURT
To avoid any harm to interest of child, Court under Section 21 of DV Act can pass order granting temporary custody of child and/or make necessary arrangement for visit of child — DV Act is not final remedy for custody and guardianship issues of minor child — Section 7(g) of Family Courts Act vests jurisdiction in Family Court to decide suits or proceedings in relation to guardianship of person or custody or access to any minor.August 20, 2018
Court: Jharkhand High Court
Order of maintenance both u/s 125 Cr.P.C. and S.24 of Hindu Marriage Act – Claimant entitles to get only higher amount of maintenance out of both the provisions.August 17, 2018
Court: HIMACHAL PRADESH HIGH COURT
Abetment of suicide – Prosecution has is required to plead and prove that one person instigated another person to commit suicide and as a result of such instigation, another person committed suicide.August 17, 2018
Court:SUPREME COURT OF INDIA
Sections 304B, 34 — Dowry death — Common intention — Circumstantial evidence — It is sufficiently shown on record that appellants used to live in a different village — Public documents (Residence Certificate, PAN and Service Book) read with oral testimony adduced before trial Court, create serious doubt in prosecution story so far it relates as against appellants — In view of evidence on record, it is not proved beyond reasonable doubt that appellants who are sister-in-law and brother-in-law of deceased, tortured victim for any demand of dowry — It cannot be said that appellants had any common intention with husband of deceased in commission of crime — Courts below erred in law in holding that charge under Section 304B read with Section 34 IPC stood proved as against present appellants — Conviction and sentence recorded as against present appellants set aside.August 17, 2018
Court:Supreme Court of India
Anticipatory Bail-Bigamy-Husband performed second marriage during subsistence of first marriage. There are no criminal antecedents against husband except present case- High Court not justified in dismissing application of Husband only on the basis of petition filed by second wife u/s 9 of Hindu Marriage Act which was withdrawn-order of High Court set aside-Anticipatory Bail granted.August 17, 2018
Court:HIGH COURT OF KERALA
Court can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of Husband.August 16, 2018
Court:HIGH COURT OF ALLAHABAD
Section 498A – No evidence on record to prove that complainant suffered from any mental and physical cruelty in the hands of accused – Accused rightly acquitted.August 16, 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
- 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 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.
- 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.