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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, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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Archive for Shonee Kapoor

Pradeep Singh Vs. State Of Bihar

Court: Patna High Court Bench: JUSTICES R.N. Prasad & C.M. Prasad Pradeep Singh Vs. State Of Bihar On 9 January 2004 Law Point: Sections 302/34, 498-A and 201 — Murder, common Intention, Cruelty, Disappearance of Evidence : No eye-witness to occurrence : Defence denied marriage with deceased : Evident from evidence of prosecution witnesses that […]

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Paul Tushar Biswas Vs. Addl. Dist. Judge, East Khasi Hills District & Anr.

Court: Gauhati High Court Bench: JUSTICE Amitava Roy Paul Tushar Biswas Vs. Addl. Dist. Judge, East Khasi Hills District & Anr. On 21 November 2005 Law Point: No logic or rationale in permitting parallel proceedings before Court. Illogical to continue proceedings.     JUDGEMENT   1. The matrimonial alliance between the parties though conclusively determined […]

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Pramod Bijalwan Vs. Satendra Dutt

Court: Uttarakhand High Court Bench: JUSTICE Rajesh Tandon Pramod Bijalwan Vs. Satendra Dutt On 6 July 2007 Law Point: Cruelty, Desertion — Both grounds proved by respondent — False allegation of adultery against husband or wife is mental cruelty and is ground for divorce — Vague allegations made to defame by petitioner amounts to cruelty […]

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Sheila B. Das Vs. P.R. Sugasree

Court: Supreme Court Of India Bench: JUSTICE B.P. Singh & Altamas Kabir Sheila B. Das Vs. P.R. Sugasree On 17 February 2006 Law Point: Father not neglected minor or to look after her needs. Father financially stable and not disqualified in any manner from being guardian of minor child. Allegation of apathy not borne out […]

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Vikas Aggarwal Vs. Anubha

Court: Supreme Court of India Bench: JUSTICES D.P. Mohapatra & Brijesh Kumar Vikas Aggarwal vs Anubha on 12 April 2002 Law Point: Divorce petition in H.C. on original side. Direction to appear- Non Appearance-Defence rightly struck off.     JUDGEMENT   Leave granted. Heard learned counsel for the parties. This appeal has been preferred against […]

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Rama Kanta Vs. Mohinder Laxmidas Bhandula

Court: Punjab & Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena Rama Kanta Vs. Mohinder Laxmidas Bhandula On 7 February 1995 Law Point: Hindu Marriage Act, 1955 — Sec. 13(1)(ia) — Cruelty — Meaning of Cruelty — Conduct of appellant in matrimonial home — Her threats and attempts to commit suicide — Act of lodging […]

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Munish Bhasin & Ors Vs. State

Court: Supreme Court of India Bench: JUSTICE R.V. Raveendran, J.M. Panchal Munish Bhasin & Ors vs State on 20 February 2009 Law Point: Section 438–Anticipatory bail–Offences under Sections 498A and 406 r/w Section 34, I.P.C.–Whether in proceeding under Section 438, Court would be justified in awarding maintenance to wife and child?–Held, “no”–Maintenance can be claimed […]

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Smt. Kavita Vs. Shri Rakesh Raman

Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Smt. Kavita vs Shri Rakesh Raman on 8 April 2011 Law Point: While adjudicating matrimonial cases, courts to be cautious and conscious of fact that the holy bond of matrimony involves delicate human emotions and complex situations and often there gets created a chasm which if fortified […]

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Falguni @ Anirudh Pradhan and Ors. vs. State of Bihar (Now Jharkhand)

Court: Jharkhand High Court Bench: JUSTICE D.P. Singh Falguni @ Anirudh Pradhan and Ors. vs. State of Bihar (Now Jharkhand) Law Point: The complainant had sexual intercourse with the Appellant even before marriage, proved that she had not been induced into marriage.More over,lack of material proof as regards the marriage,rendered the prosecutions story regarding mock […]

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Abdul Razak Haji Gulambhai Qureshi Vs. Johrabibi Haji Kalubhai Qureshi & Anr.

Court: Gujarat High Court Bench: JUSTICE D.H. Waghela Abdul Razak Haji Gulambhai Qureshi Vs. Johrabibi Haji Kalubhai Qureshi & Anr. On 9 November 2006 Law Point: Maintenance to Daughter unjustified. Child born during period of wedlock but without father having access to wife at relevant time. Daughter could not, in the eye of law, have […]

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