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:MADHYA PRADESH HIGH COURT
Section 125 — Maintenance : Refusal : Wife had Sufficient Means to Maintain Herself — Besides long delay in filing application, Courts below found petitioner/wife had no justification for living separately from her husband — She had sufficient means to maintain herself — Circumstances negative her claim to seek maintenance.December 10, 2018
Court:Calcutta High Court
Section 498A – “Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.” FIR quashed.December 10, 2018
Court:Delhi High Court
Section 406 – Jurisdiction will lie with Police Station having jurisdiction over matrimonial home or some other place where respondent No. 2 lived along with her husband.December 10, 2018
Court:PUNJAB AND HARYANA HIGH COURT
Section 13(1)(ia) –– Cruelty — Acts of wife proving her incorrigible conduct –– Amounts to cruelty towards her husband –– Wife can’t be allowed to take advantage of her own wrong.December 8, 2018
Court:HIGH COURT OF UTTARAKHAND
Section 125(4)–Maintenance of wife–Denied–Legality–Held–As wife is living separately without any ground is not entitle to maintenance–No interference–Petition is dismissed.December 8, 2018
Court:HIGH COURT OF ORISSA
Prosecution has completely failed to adduce any iota of evidence that the deceased was at any time subjected to harassment by the appellants on demand of dowry – Ingredients of Sec. 498-A not satisfied – Order of conviction and sentence cannot be sustained in the absence of any cogent evidence regarding ‘torture’ or ‘harassment’ to the victim woman vis-a-vis demand of dowry. demand of dowry – Prosecution must prove that the woman was subjected to cruelty or harassment.December 8, 2018
Court:SUPREME COURT OF INDIA
Sections 304B, 306, 498A — Dowry Death — Abetment of Suicide — Cruelty — Benefit of Doubt — Omnibus allegations against family members of husband. Conviction and sentence of appellants under Section 304B set aside, without interfering with conviction and sentence under other heads.December 8, 2018
Court:PUNJAB AND HARYANA HIGH COURT
Section 13(1)(ia) and 20(2) — Husband’s petition for divorce on ground of wife’s cruelty granted by Trial Court — Appeal against by wife — Appellate Court finding wife leaving matrimonial home 12 days after marriage with jwellery and dowry articles — Thereafter followed series of offensive and defensives — Evidence and pleadings of wife’s cruelty.December 4, 2018
Court:GUJARAT HIGH COURT
Section 125 — Maintenance — Claim against or by brothers or sisters — Not maintainable.December 4, 2018
Court:ANDHRA PRADESH HIGH COURT
Section 498-A — Cruelty : No Corroboration in Evidence of P.Ws. 1 to 4 on Material Aspects : All Co-accused Acquitted of Offence under Sections 304-B and 498-A, I.P.C. : No Specific Evidence Against A1 for Offence under Section 498-A, I.P.C. : Appellant A1 Entitled to Benefit of Doubt — Conviction and sentence against appellant for offence under Section 498-A, I.P.C. set aside.December 4, 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 🙂
- 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.
- 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.