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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

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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Shaurabh Kumar Tripathi vs Vidhi Rawal

Supreme Court Of India Justice Abhay S. Oka and Ujjal Bhuyan Shaurabh Kumar Tripathi vs Vidhi Rawal on 19 May 2025 Law Point:  JUDGEMENT 1. Leave granted. 2. The main question involved in the appeals is whether the High Court can invoke its inherent jurisdiction under Section 482 of the Criminal Procedure Code, 1973 (for […]

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Supreme Court Clarifies: DV Act Cases Can Be Quashed by High Courts

Summary The Supreme Court has ruled that men facing false domestic violence (DV) cases can approach the High Court to get them quashed under Section 482 CrPC. Earlier, many High Courts wrongly believed that DV Act cases are civil in nature and can’t be quashed. The Supreme Court has now made it clear—DV cases, even […]

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Rajesh Chaddha Vs State Of Uttar Pradesh

Supreme Court Of India Justice Satish Chandra Sharma and B. V. Nagarathna Rajesh Chaddha Vs State Of Uttar Pradesh on 13 may 2025 Law Point: Uncorroborated allegations without medical proof or independent witness testimony cannot justify conviction under Section 498A IPC and Section 4 DP Act. JUDGEMENT 1. Leave granted. 2. These Appeals by special leave are directed […]

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False Dowry Case Quashed: Supreme Court Acquits Husband of All Charges

Brief Summary The Supreme Court acquitted Rajesh Chaddha, wrongly convicted under Section 498A IPC and Section 4 of the Dowry Prohibition Act, after enduring over two decades of malicious litigation. The Court found that the wife’s allegations were vague, unsubstantiated, and filed only after the husband-initiated divorce proceedings—revealing a clear misuse of criminal law as […]

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Rohan & Ors. Vs The State Of Gujarat & Anr.

Supreme Court Of India Justice Sudhanshu Dhulia And K. Vinod Chandran Rohan & Ors. Vs The State Of Gujarat & Anr. on 29 April 2025 Law Point: FIR based on known facts without deception is abuse of law; proceedings quashed under Section 482 Cr.P.C. by Supreme Court. JUDGEMENT Leave granted. The appellants before this Court have challenged […]

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Supreme Court Cancels FIR in Matrimonial Dispute Over Known Facts

Summary In a recent landmark ruling, the Supreme Court of India quashed a criminal case filed by a woman against her husband and his family, finding the case to be a clear misuse of legal process. The Court noted that the woman was fully aware of her husband’s skin condition and his professional status as […]

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