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.
CONSULTATION
The guidelines laid down in Kusum Sharma v. Mahinder Kumar Sharma (Delhi High Court) have now been superseded by the Supreme Court’s judgment in Rajnesh v. Neha (2020), which provides the uniform framework for determining maintenance across India. Court: High Court Of Delhi Bench: JUSTICE J.R. MIDHA Kusum Sharma vs Mahinder Kumar Sharma on 14 January, 2015 […]
Court: Bombay High Court Bench: S. K. Shinde Afia Rasheed Khan vs Dr. Mazharuddin Ali Khan And Anr on 3 December, 2021 Law Point: Rejection of application for want of jurisdiction. Application under section 12, D.V. Act for want of jurisdiction dismissed JUDGEMENT 1. Rule. 2. Rule made returnable forthwith. Heard finally with the consent […]
Court: Madras High Court Bench: JUSTICE P.VELMURUGAN Vijesh vs Arya on 25 January, 2021 Law Point: Case instituted against petitioner husband on sole intention of harassing respondent not established bona fide reason for temporary residence. case dismissed JUDGEMENT 1. The first petitioner is the husband, second and third petitioners are the parents of the first […]
Court: High Court Of Madras (Madurai Bench) Bench: Dr. G. Jayachandran and Sunder Mohan, JJ. P.Balaji vs. Iswarya on 18 Dec, 2022 Law Point: Irretrievable break down of marriage – prolonged separation for more than 14 years, marriage between appellant and respondent dissolved. JUDGEMENT 1. Heard the learned counsel appearing for the appellant and the […]
CHHATTISGARH HIGH COURT JUSTICE Goutam Bhaduri Nafisa Anjum & Ors. Vs. State Of Chhattisgarh & Anr. On 26 September 2018 Law Point: Omnibus allegations against petitioners — No averments that petitioners were part of shared household — Petitioners are not residing with husband of complainant/respondent and/or in any part of shared household — Domestic relationship […]
Delhi High Court JUSTICE Shiv Narayan Dhingra Vijay Verma Vs State Nct Of Delhi & Anr. On 13 August 2010 Law Point: ‘At any point of time’ cannot be defined as ‘at any point of time in the past’ but where aggrieved person has been continuously living in shared household as a matter of right […]
Bombay High Court JUSTICE Anuja Prabhu Dessai Hardeep Singh Arora Vs. State Of Maharashtra & Ors. On 12 January 2018 Law Point: Protection of Women from Domestic Violence Act, 2005 Section 12 Domestic Violence Restriction on right to travel abroad False/misleading statement Personal vengeance Contempt of Court Petitioner-husband, not being an offender or accused in […]
Punjab and Haryana High Court JUSTICE Jaishree Thakur Krishan Kumar & Ors. Vs. Naveet @ Seema & Ors. On 21 February 2018 Law Point: Claim for alternative accommodation can only be made against the husband and not against the husband’s in-laws or other relatives — Instead complainant-wife is held entitled to claim for alternative accommodation […]
Karnataka High Court JUSTICE John Michael Cunha Surya Vadani & Ors. Vs. V. Kalaivani On 6 August 2018 Law Point: Domestic Violence — Wife has an axe to grind against her husband and not against petitioners-in-laws — She did not share residence with petitioners — She cannot have any grievance against petitioners — Petition initiated […]
Gauhati High Court JUSTICE Ajit Borthakur Bismita Saikia @ Bismita Saikia Dutta Vs. Pranjal Dutta & Ors. On 20 April 2018 Law Point: Domestic Relationship Marriage between petitioner (wife), alleged aggrieved person, and respondent No. 1-husband dissolved by decree of divorce, domestic relationship automatically came to an end Application under Section 12 not maintainable in […]