Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
A husband died by suicide after his wife left the matrimonial home, filed an FIR and initiated maintenance proceedings, while his suicide note blamed her family. But can even an allegedly false matrimonial FIR make the wife’s family guilty of abetment when there was no instigation or intentional aid?
CASE ANALYSIS DEEPTI KAPUR vs KUNAL JULKA CM(M) 40/2019 Delhi High Court decided on 30.06.2020 MOOT POINTS: EVIDENCE HOW OBTAINED IS IMMATERIAL AS FAR AS ADMISSIBILITY OF THE EVIDENCE IS CONCERNED. EVIDENCE OBTAINED ILLEGALLY IS ALSO ADMISSIBLE. ANY ILLEGAL ACT MAY BE PUNISHED IN ACCORDANCE WITH LAW. ANY EVIDENCE COLLECTED BY BREACH OF SOMEONE’S PRIVACY […]
Summary In yet another landmark decision against legal terrorism, the Gauhati High Court quashed a blatantly false 498A case filed by a vindictive wife. The court saw through her fabricated accusations, ruled that mere suspicion is not evidence, and rescued the husband and his family from years of legal harassment. This judgment exposes the rampant […]
Summary: In yet another shocking setback for men seeking justice in marriage, the Madurai Bench of the Madras High Court refused to grant a husband divorce, despite his serious and well-founded allegations of cruelty and illness. The court set an unreasonably high burden of proof on the husband while accepting the wife’s denials without requiring […]
Danial Latifi Vs Union Of India Judgement Analysis FACTS The case follows its pursuit from the famous case of Mohd. Ahmed Khan vs Shah Bano Begum, commonly referred as the Shah Bano case. Shah Bano, a 62-year-old Muslim mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978. She filed a criminal suit under Section […]
1. Background. There are presently approx 400 ongoing cases in Western Cond for grant of maint alice. The No of cases is two to three times higher than the No of cases handled in any other comd at present. A number of maint alice cases are delayed in various stages of processing. Details of present […]
Summary The Western Command has issued a game-changing advisory to curb the rampant misuse of maintenance allowance provisions against soldiers. With over 400 pending cases, many deliberately delayed by wives to harass serving personnel, the Army has now enforced strict timelines and monitoring mechanisms. If a wife refuses to cooperate or provide financial details, the […]
Brief Summary In a landmark judgment, the Madhya Pradesh High Court upheld the Family Court’s decision to grant a divorce to the husband on grounds of mental cruelty. The wife’s abusive behavior, vulgar conversations with other men, and threats of false legal cases were deemed sufficient to dissolve the marriage. The court reaffirmed that a […]
Summary The Jammu & Kashmir High Court quashed a false 498A case FIR filed under Sections 498A and 420 IPC against a husband’s maternal uncle, calling it a misuse of the legal system. The court ruled that distant relatives cannot be dragged into false cases just to harass the husband’s family. This judgment is a […]
Summary The Allahabad High Court ruled that an earning wife cannot claim maintenance from her husband. The court made it clear—men are not ATM machines and should not be forced to pay maintenance when the wife is fully capable of supporting herself. This is a huge victory for men, as it stops financially independent women […]
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