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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
  • +91-8010850498
  • info@shoneekapoor.com
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Judgement Analysis

Custody Battle Ends in Denial: Habeas Corpus Petition by Father Rejected

In a significant decision by the Madhya Pradesh High Court (Gwalior Bench), a father’s plea for the custody of his U.S. citizen son was dismissed. The Court held that the child’s welfare and jurisdictional propriety override foreign custody orders, especially when the child is living with the biological mother in India. The Court advised the […]

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Bombay High Court Quashes False 498A Charges Against Husband’s Relatives

The Bombay High Court (Nagpur Bench) cancelled criminal charges against seven relatives of a man who were accused of cruelty and dowry harassment by his wife. The Court found that the wife’s complaint was vague and lacked proper details or evidence. The case was clearly linked to a long-standing marital fight, as the husband had […]

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High Court Allows Adultery Evidence via WhatsApp

The Madhya Pradesh High Court upheld the Family Court’s decision to admit WhatsApp chats, allegedly showing a wife’s extramarital relationship, as evidence in divorce proceedings. Despite objections around privacy and data collection without consent, the Court emphasized the broader need for fair trial and held that Family Courts may admit relevant material—even if such evidence […]

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Family Dispute Turns Criminal: Court Rejects Unsubstantiated Allegation

The Karnataka High Court has dismissed a criminal appeal against the acquittal of a father accused of sexually assaulting his minor daughter. After examining the evidence, the Court found the prosecution’s case riddled with inconsistencies, procedural lapses, and lack of independent corroboration. The judgment highlights how the legal system must remain cautious and evidence-focused, particularly […]

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False Allegations & Mental Cruelty: Madras High Court Dissolves Marriage After 8-Year Estrangement

The Madras High Court recently set aside a Family Court order and granted divorce to a man who had been estranged from his wife for over eight years. The wife had earlier made serious, unproven allegations of sexual harassment against the husband and his father, which were later withdrawn. The Court held that such unsubstantiated […]

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 Cruelty Isn’t One-Sided: High Court Calls Out Insults Toward Disabled Husband

The Orissa High Court upheld a divorce granted to a husband who faced repeated humiliation from his wife over his physical disability. The court concluded that such comments constituted mental cruelty under the Hindu Marriage Act. Brief Facts of the Case The couple got married on 1st June 2016. The husband, who is physically disabled, […]

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Six Months in Jail for Loving the Wrong Person | Supreme Court Grants Relief

Summary The Supreme Court granted bail to a man who was jailed for nearly six months under the Uttarakhand Freedom of Religion Act, 2018 and sections of Bharatiya Nyaya Sanhita, merely for marrying a woman of another faith in an arranged marriage. The Court noted that the marriage was consensual and arranged by both families, […]

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23-Year Legal Struggle Ends: Supreme Court Finds 498A Allegations Unreliable

Summary: The Supreme Court of India quashed a long-pending 498A FIR filed by a policewoman against her husband and his entire family. The Court found the allegations vague, unsupported by evidence, and raised after an unexplained delay of three years. The Court recognized that pursuing a criminal trial based on such a complaint would be […]

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Court Denies Husband’s Appeal Despite Lack of Evidence and Prior Acquittals

Summary: In a matrimonial appeal from a husband challenging a divorce granted on grounds of cruelty, the Kerala High Court upheld the Family Court’s decision. Despite multiple earlier criminal cases resulting in acquittals or being withdrawn, the court still ruled in favor of the wife, citing past incidents and assumptions about the husband’s behavior, including […]

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High Court Grants Bail in Relationship Dispute Originating from Dating App Allegations

Summary: The Himachal Pradesh High Court granted bail to an accused arrested under charges of rape and deception after a brief online acquaintance led to a physical relationship. The Court observed that custodial detention before trial should not be used as punishment, particularly where facts involve mutual adult interaction and require full trial to determine […]

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