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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
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Archive for Shonee Kapoor

Krishna Tewari Vs. The State of West Bengal

Calcutta High Court Justice Rajarshi Bharadwaj and Apurba Sinha Ray Krishna Tewari Vs. The State of West Bengal on 23 May 2025 Law Point:  JUDGEMENT 1. The judgment and order of conviction dated 25.05.2009 under sections 498A/302/201 of IPC passed by the Learned Additional Sessions Judge, Fast Track, 1st Court, Siliguri was under challenge at […]

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Calcutta High Court Confirms Husband’s Conviction in Wife’s Death – Burden of Proof, Not Just Suspicion

Summary In a case closely watched for its legal and emotional complexity, the Calcutta High Court upheld the conviction of Krishna Tewari under Sections 498A and 302 of the IPC for the death of his wife, who died within two and a half years of marriage. The Court held that the husband’s inability to explain […]

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Chhattisgarh HC Denies Maintenance to Wife

Chhattisgarh High Court Justice Shri Arvind Kumar Verma xxxxx vs xxxxxx on 09 May 2025 Law Point:  JUDGEMENT 1. Since subject matter in the both the revision petitions being common, this Court proceeds to decide the matter by this common order. 2. This both revision petitions are preferred against the order dated 06.11.2024 passed in […]

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Divorce Decree Proves Adultery — Chhattisgarh HC Denies Maintenance to Wife

Summary In a landmark decision, the Chhattisgarh High Court set aside a Family Court’s order granting maintenance to a woman who was earlier divorced on the ground of adultery. The Court upheld that a wife proven to be “living in adultery” is legally disqualified from claiming maintenance under Section 125(4) CrPC. Facts of the Case […]

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Major XYZ vs Ibis Hotel Aerocity

Patiala House Court Justice Vaibhav Pratap Singh Major XYZ v. Ibis Hotel Aerocity on 22 May 2025 Law Point: Mandatory injunction denied; no legal right overrides guests’ privacy in hotel bookings or CCTV footage JUDGEMENT 1. Summons of the suit and notice of the application seeking temporary injunction received back served. The Head of Security […]

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“Privacy Over Truth?” – Court Blocks Husband’s Plea for Hotel CCTV, Dismisses Evidence Request in Alleged Adultery Case

Summary: In a decision that prioritizes privacy over accountability, the Delhi Civil Court rejected an Indian Army Major’s request for hotel CCTV footage and booking records allegedly involving his wife and her lover—also an Army officer. Despite the potential professional and personal consequences, he faced, the Court refused to allow access to crucial evidence, citing […]

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Husband Cannot Be Prosecuted Under Section 377 IPC Without Clear Allegation of Non-Consent

Delhi High Court Justice Dr. Swarana Kanta Sharma xxxxxx vs state on 13 May 2025 Law Point:  JUDGEMENT 1. By way of this revision petition, the petitioner seeks setting aside of the order dated 16.02.2023 [hereafter ‗impugned order‘] passed by learned Additional Sessions Judge (FTSC)(RC), Rohini Courts, Delhi [hereafter ‗Sessions Court‘] in case arising out […]

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Husband Cannot Be Prosecuted Under Section 377 Without Clear Allegation

Summary The Delhi High Court has decisively set aside an order that framed unnatural offence charges under Section 377 IPC against a husband, citing lack of evidence of non-consensual act and legal protection provided within marriage. The Court held that such charges cannot be sustained in a subsisting marital relationship without clear and specific allegations […]

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Kerala High Court Condemns the Practice of Conducting Child Custody Exchanges at Police Stations

Kerala High Court Justice DEVAN RAMACHANDRAN and M.B. SNEHALATHA xxxxxx vs xxxxxx on 20 May 2025 Law Point: Family Courts must not order child custody exchanges at police stations due to psychological harm JUDGEMENT 1. This appeal virtually has run its course; and as we will presently record, no further directions may be necessary. 2. […]

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Kerala High Court Slams Practice of Child Custody Exchanges at Police Stations – Relief for Fathers in Custody Battles

Summary: In a strong and empathetic verdict, the Kerala High Court condemned the practice of directing child custody exchanges at police stations, calling it traumatic and inappropriate. The Court dismissed the mother’s challenge against the father’s interim custody, noting the child had already been with the father and reaffirming that future custody decisions rest with […]

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