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 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
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
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:MADRAS HIGH COURT
Protection of Women from Domestic Violence Act, 2005 — Section 12 — Criminal Procedure Code, 1973 — Section 482 — Domestic Violence — Allegation against brother of husband — Quashing of proceeding – Complaint allegations not only inherently improbable but tainted by mala fides.February 14, 2019
Court:PUNJAB AND HARYANA HIGH COURT
Hindu Succession Act, S. 15 — Hindu female dying leaving property gifted by, and not inherited from parents — Husband in the absence of any son or daughter, alone succeeds to such property — Husband retaining such property and appropriating to his own use — No question of criminal breach of trust on his part arises — Even otherwise matter purely of civil nature.February 14, 2019
Court:SUPREME COURT OF INDIA
Unless it is established that appellants committed some act of cruelty or harassment towards a woman, they cannot be held guilty of offences under Sections 304B and 498A, IPC — Act of remaining silent with regard to settlement of dowry demand will also not amount to cruelty — Impugned judgment of High Court as well as judgment of trial Court set aside.February 14, 2019
Court:Supreme Court of India
There is no allegation of any kind of physical torture — Evidence brought on record with regard to cruelty is absolutely sketchy and not convincing — On basis of evidence, it is difficult to sustain conviction under Sections 306 and 498A, IPC — As such, conviction under Section 201, IPC also not sustainable — Conviction and sentence of appellants set aside.February 13, 2019
Court:MADHYA PRADESH HIGH COURT
No specific allegations made against petitioners — Petitioners are sisters-in-law of respondent, are residing separately — Marriage of petitioners took place much before marriage of respondent — Relief sought for under Sections 19, 20 and 22 of Act by respondent No. 1 against petitioners cannot be granted.February 13, 2019
Court:BOMBAY HIGH COURT
Cruelty — Desertion — Dissolution of marriage — Appellant-husband proved that respondent wife treated him with cruelty — Unsubstantiated allegations levelled by respondent wife that husband is having illicit relations.— This amounted to mental cruelty. Marriage between appellant and respondent dissolved in accordance with provisions of Section 13(1)(ia) of Hindu Marriage Act.February 13, 2019
Court:HIMACHAL PRADESH HIGH COURT
Husband was denied sexual access, subjected to abuse, locked out of his room, kicked out of bed, his mother was abused and respondent was not performing any household work — This stands established by evidence on record — Marriage between parties is dissolved by decree of divorce.February 12, 2019
Court:KARNATAKA HIGH COURT
Protection of Women from Domestic Violence Act, 2005 – Making certain allegations against respondent by itself would not amount to domestic violence in absence of ingredient of shared household — No proof of petitioner and respondent living together at any point of time — Proceedings initiated against petitioner and complaint filed by respondent is abuse of process — Proceedings quashed.February 12, 2019
Court:UTTARAKHAND HIGH COURT
Sections 323, 498-A, 504, 506 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of proceedings. Allegations made by complainant in her complaint do not prima facie inspire confidence against Applicant— Applicant appear to be falsely implicated being relatives of complainant and her husband.February 12, 2019
Court:Delhi High Court
Maintenance — Grant of — Jurisdiction under Criminal Procedure Code and Protection of Women from Domestic Violence Act is parallel jurisdiction — If maintenance has been granted under Section 125, Cr.P.C. after taking into account entire material placed before Court and recording evidence, it is not necessary that another Metropolitan Magistrate under Domestic Violence Act should again adjudicate issue of maintenance — Law does not warrant that two parallel Courts should adjudicate same issue separately — If adjudication has already been done by Court of Metropolitan Magistrate under Section 125, Cr.P.C., re-adjudication of issue of maintenance cannot be done by Court of Metropolitan Magistrate under Domestic Violence Act .February 11, 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
- 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.
- 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.
- 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