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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
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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

Only place where minor is ordinarily resident has jurisdiction for Guardian and Wards Act Case – Judgement Analysis

The Punjab & Haryana High Court has ruled that the “ordinary residence of a child” determines which court has jurisdiction in custody cases under the Guardianship & Wards Act, not the child’s “natural guardianship.” The court emphasized these two concepts cannot be mixed. Under Section 9 of the GWA, custody applications must be filed where […]

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Only place where minor is ordinarily resident has jurisdiction for Guardian and Wards Act Case

Court: High Court Of Punjab And Haryana At Chandigarh Bench: Justice Mr. Justice Deepak Gupta xxxxxxxxx Versus xxxxxxxx on 07 January 2025 Law Point: Only place where minor is ordinarily resident has jurisdiction for Guardian and Wards Act Case JUDGEMENT 1. The dispute pertains to territorial jurisdiction of the court to entertain a poon for […]

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Maintenance Denied to Wife as She Had Taken Money from Husband During Marriage

Court: Family Court of Gurugram XXXXXXXX vs XXXXXXXXXXX Law Point: Maintenance Denied to Wife as She Had Taken Money from Husband During Marriage JUDGEMENT 1. This order of mine shall dispose of an application filed by applicant-respondent-wife for grant of interim maintenance u/s 24 of Hindu Marriage Act, 1955. 2. It has been vehemently contended […]

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Husband entitled for Divorce as 498A is not meant to coerce husband into changing his behavior – Judgement Analysis

The Bombay High Court recently ruled that a wife filing a false complaint against her husband merely to correct his behavior constitutes cruelty and undermines normal marital harmony. In the instant case, the wife admitted that the case was false and was filed just to correct the behavior of the husband, which in other words […]

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Husband entitled for Divorce as 498A is not meant to coerce husband into changing his behavior

Court: High Court Of Judicature At Bombay Civil Appellate Jurisdiction Bench: Justice G. S. Kulkarni & Advait M. Sethna VxxxxxxxxxxxxxxCxxxx Versus RxxxxxxxxxxxxxxCxxxx on 3 January 2025 Law Point: Husband entitled for Divorce as 498A is not meant to coerce husband into changing his behavior. JUDGEMENT 1. This Family Court Appeal is directed against the judgment […]

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Vishnu Saraf Vs Aashita Singhania Nee Saraf – Judgement Analysis

The Calcutta High Court on Friday set aside an order for monthly interim maintenance of Rs 80,000, previously granted by the trial court to a wife. Justice Suvra Ghosh noted that the wife had already received Rs 32 lakhs from the husband under a memorandum of understanding and was employed herself. The court held: Given […]

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Vishnu Saraf Vs Aashita Singhania Nee Saraf

Court: High Court At Calcutta Bench: Justice Suvra Ghosh Vishnu Saraf Vs Aashita Singhania Nee Saraf on 10 January, 2025 Law Point: Earning Wife who takes half money of Settlement is not entitled for maintenance u/s 125 CrPC JUDGEMENT 1. The petitioner who is the husband of the opposite party is aggrieved by the order […]

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Rina Kumari Vs Dinesh Kumar Mahto and another

Supreme Court in a significant ruling held that a wife is entitled to claim maintenance under Section 125 of the Cr.P.C., even if she refuses to live with her husband despite a decree of restitution of conjugal rights. Thus a husband filing Restitution of Conjugal Rights case is now futile. The bench of CJI Sanjiv […]

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Rina Kumari Vs Dinesh Kumar Mahto and another – Supreme Court

Court: Supreme Court Of India Bench: Justice Sanjay Kumar Rina Kumari @ Rina Devi @ Reena Versus Dinesh Kumar Mahto @ Dinesh Kumar Mahato and another on 10 January, 2025 Law Point: wife is entitled to claim maintenance under Section 125 of the Cr.P.C., even if she refuses to live with her husband despite a […]

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पति की मौत पर अनुकंपा नौकरी पाने वाली बहू को सास का भरण-पोषण करना पड़ता है

पति की मृत्यु पर अनुकंपा के आधार पर नौकरी पाने वाली बहू को सास का भरण-पोषण करना होगा: पंजाब एवं हरियाणा उच्च न्यायालय पंजाब एवं हरियाणा उच्च न्यायालय ने फैसला सुनाया कि पति की मृत्यु के बाद अनुकंपा के आधार पर नौकरी पाने वाली विधवा को अपनी बुजुर्ग सास की आर्थिक मदद करनी होगी। ₹80,000/माह […]

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