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About Me

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.

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  • 362, Second Floor, Kohat Enclave, Pitampura, Delhi 110034
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    6/12, East Patel Nagar, New Delhi – 110008, India
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    P2A, Basement, Block-P, Jangpura Extension, New Delhi 110014
  • +91-8010850498
  • info@shoneekapoor.com
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Archive for Shonee Kapoor

Kerala High Court Steps In After Jail Denies Parole for Convict’s Marriage

The Kerala High Court granted 15 days’ parole to a man serving a life sentence so he could marry his fiancée. Although prison rules did not permit leave for a convict’s own wedding, the court intervened, recognizing the deep personal choice and emotional commitment of the woman who chose to stand by him despite his […]

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Kayar Nisha & Rafia Vs State by Inspector of Police

Madras High Court Justice D.bharatha Chakravarthy, J. Kayar Nisha & Rafia Vs State by Inspector of Police on 02 July, 2025 Law Point: Sexually abusive words causing a minor’s suicide justify conviction under IPC 305 with sentence mitigation. JUDGEMENT 1. This Criminal Appeal challenges the judgment dated 21.07.2016 in S.C.No.28 of 2012 on the record of […]

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Even Women Can Be Held Responsible in Suicide Cases – Says Madras High Court

Two women who verbally abused a minor girl and told her to die were held guilty for abetment of suicide. The Court confirmed their conviction but reduced their jail sentence, making them pay a higher fine instead. The judgment confirms that the law applies equally to all individuals, regardless of their gender. Brief Facts of […]

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Caught Between Law and Truth: Why DNA Tests Aren’t Always Allowed

Bombay High Court Justice R.M. Joshi, J. XXXXX Vs XXXXX on 01 July, 2025 Law Point: DNA test denied; no plea of non-access; presumption of legitimacy under Section 112 prevails. JUDGEMENT   01. By consent of both sides, heard finally at the stage of admission. 02. This petition takes exception to the order dated 17/02/2020 passed by […]

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DNA Test Denied: No Grounds to Question Child’s Legitimacy Without Plea of ‘No Access’

The Bombay High Court cancelled a Family Court’s order that allowed a DNA test to check if a child was born from the husband. The Court said that unless the husband clearly says he had no physical relationship (access) with his wife during the time the child could’ve been conceived, such a test cannot be […]

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Kerala High Court to the Rescue: Young Man Gets Bail in False Rape Case

Kerala High Court Justice Kurian Thomas, J.  XXXXX Vs State of Kerala on 24 June, 2025 Law Point: Voluntary intimate relationship cannot be termed rape merely due to later dispute; bail may be granted. JUDGEMENT 1. This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’). 2. Petitioner is the […]

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Courts Caution Against Misuse of Rape Laws in Relationship Disputes

The Kerala High Court gave anticipatory bail to a 24-year-old man who was accused of rape. The Court found that the woman had willingly entered into a relationship with him and stayed with him at hotels. It said such consensual relationships should not later be treated as rape just because things didn’t work out. Brief […]

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When Protection Becomes Punishment: Supreme Court Raises Alarm on PoSH Misuse

At a recent event, Supreme Court Justice N. Kotiswar Singh spoke openly about a reality many have been quietly suffering from — the PoSH Misuse, a law meant to protect women from sexual harassment at work. He said clearly: “There is a possibility, and it has happened. Making false allegations is equally dangerous. It compromises […]

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EMIs Don’t Justify Reducing Maintenance to Wife and Child

Delhi High Court Justice Dr. Swarana Kanta Sharma, J xxxxx vs xxxxx on 01 July, 2025 Law Point: Only mandatory deductions allowed; voluntary EMIs can’t reduce maintenance; delay harms dependent’s dignity, sustenance JUDGEMENT 1. By way of this revision petition, the petitioner-husband has challenged the order dated 01.08.2024 [hereafter „impugned order‟] passed by the learned […]

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Home Loan EMIs & Family Duties Don’t Reduce a Man’s Maintenance Responsibility

The Delhi High Court ruled that a man can’t reduce or avoid paying maintenance to his wife and child just because he’s paying EMIs or claiming financial pressure from supporting his parents. Voluntary expenses like home loans or vague claims of parental dependency don’t override a legal duty to maintain one’s family. However, the Court […]

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