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.
Court: SUPREME COURT OF INDIA
Amendment of complaint – Jurisdiction – Court had no jurisdiction to allow amendment…June 7, 2018
Court: SUPREME COURT OF INDIA
Factum of marriage — Not established — Legality of a presumption, of living…May 31, 2018
Court: JHARKHAND HIGH COURT
Power under Section 311 of the Code can only be exercised, if the Court…May 24, 2018
Delhi High Court recently came out with a set of guidelines for mutual consent divorce. Hopefully these guidelines would…May 23, 2018
Court: MADHYA PRADESH HIGH COURT
Civil Procedure Code, 1908 — Sec. 96 — Appeal from original decree —…May 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
Court: Supreme Court of India
Complainant not a legally wedded wife of appellant, Section 498A, IPC has no application.June 23, 2018
Court:ALLAHABAD HIGH COURT
Cruelty, Dowry Demand — Summoning of younger members of family, unjustified. At stage of summoning it is not law that even younger members of family be also summoned to stand trial along with elders even though no specific allegation made against them and their complicity in crime prima facie mala fide and purposive — Levelling general allegations against all family members including unmarried younger girls and boys without specification is practice to be curbed because it will amount to great injustice to ask unmarried younger daughters and brothers to stand trial only because of their relationship with husband.June 23, 2018
Court: RAJASTHAN HIGH COURT
Cruelty — Character assassination — According to husband, wife was having illicit relations with a distant relative before marriage and that persisted thereafter — Parties living separately for more than 14 years — Wild allegations made by wife against husband in reply to petition were sufficient to cause mental agony to husband — It is nothing than to injure reputation which amounts to mental cruelty — There is irretrievable breakdown of marriage of parties considering serious allegations made by wife throwing mud on the character of husband that her real sister has walked into life of her husband, which was not even prima facie established — It is difficult for both of them to live together as a happily married couple —Divorce granted.June 23, 2018
Court:PUNJAB AND HARYANA HIGH COURT
Maintenance — Live-in relationship — No valid marriage between parties. Children born out of this relationship entitled to receive maintenance.June 23, 2018
Court:Supreme Court of India
Conviction based merely on surmises and conjectures. There is no other material to show how deceased was being harassed or subjected to cruelty, conclusion of High Court that because deceased committed suicide there must be some harassment and cruelty is insupportable and indefensible — There is vast difference between “could have been”, “must have been” and “has been” — In absence of any material, case falls to first category — Conviction impermissible in such case.June 22, 2018
Court:CALCUTTA HIGH COURT
When a wife lives separately by mutual consent can she still claim maintenance under Section 125 of the Cr.P.C. ? (No).June 22, 2018
Court: SUPREME COURT OF INDIA
Prayer made to reduce sentence to period already undergone under Section 498A. Sentence of appellant reduced to period already undergone — Impugned judgment of High Court modified.June 20, 2018
Court:DELHI HIGH COURT
Appellant wife failed to substantiate allegations leveled against respondent-husband even on yardstick of preponderance of evidence — Allegations of such a nature that would have lowered image of respondent in eyes of his superiors, subordinates and peers — This act would certainly constitute cruelty.June 20, 2018
Court:BOMBAY HIGH COURT
Wife’s suit for maintenance under Hindu Adoptions and Maintenance Act was dismissed on merits. Her subsequent application under Section 125 Cr.PC liable to be dismissed.June 20, 2018
Court:DELHI HIGH COURT
Within six months of custody being with mother, attitude of child turned not only cold but positively hostile towards her father — An attempt ought to have been made to unravel truth whether mother poisoned mind of child — Observations made and directions issued by Court.June 19, 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 🙂
- 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.
- 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
- 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