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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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Contact Info

  • 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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Judgement

Marriage Annulled for Concealment of Age and Medical History by Wife

Punjab and Haryana High Court Som Dutt vs Raj Kumari on 7 October, 1985 Bench: S Sodhi Equivalent citations: AIR 1986 P H 191 Law Point: Concealment of wife’s age and medical history JUDGMENT 1. A short stay together and long continuing litigation thereafter is what marks the marriage here. It was a marriage conceived […]

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Madhya Pradesh High Court Defines Desertion and How to Prove it

Madhya Pradesh High Court Satish Kumar vs Shashi Prabha on 12 November, 1992 Bench: D Dharamadhikari Equivalent citations: II (1994) DMC 406 Law Point: Test of resonableness – Desertion, Conduct of Wife JUDGMENT D.M. Dharamadhikari, J. 1. This appeal has been filed by the husband against the order dated 23-1-1991 of the Trial Court refusing […]

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Misrepresentation in Matrimonial Advertisement Annulment Granted

Punjab-Haryana High Court Sh. Brijinder Bir Singh vs Mst. Vinod Alias Parminder on 6 May, 1994 Bench: N Sodhi Equivalent citations: AIR 1995 P H 42, I (1995) DMC 334 Law Point: Misrepresentation in matrimonial advertisement JUDGMENT 1. This first appeal is directed against the judgment and decree dated August 23, 1991 passed by the […]

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Mother Seeking Maintenance Not Fit to be Guardian Custody to Father

Allahabad High Court Master Zubeen vs Principal Judge, Family Court, … on 7 May, 1993 Bench: K Bhargava Equivalent citations: AIR 1994 All 147 Law Point: Mother unable to maintain herself seeking maintenance from husband, custody of child to remain with Father ORDER 1. This is a habeas corpus petition under Art. 226 of the […]

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Mother is to be preferred than father in Child Custody is not correct view

Court: Supreme Court of India Kumar V. Jahgirdar vs Chethana Ramatheertha on 29 January, 2004 Justice Shivaraj V. Patil, D.M. Dharmadhikari. Law Point: Mother is to be preferred than father is not correct view Appellant(s) Kumar V. Jahgirdar Respondent(s) Chethana Ramatheertha JUDGMENT Dharmadhikari J. In these two appeals, the subject matter of dispute between the […]

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Where successive claims for maintenance are made by a party under different statutes, Court would consider an adjustment or set-off

Court:DELHI HIGH COURT Bench: JUSTICE Sanjeev Sachdeva GAJENDER SINGH Vs. STATE (GNCT OF DELHI) & ANR. on 19 March 2020 Law Point: Where successive claims for maintenance are made by a party under different statutes, Court would consider an adjustment or set-off, of amount awarded in previous proceeding/s, while determining whether any further amount is […]

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Child Custody Orders never Final; Can be Modified in the Interest of Child

Supreme Court of India G.S. Singhvi, Asok Kumar Ganguly Vikram Vir Vohra vs Shalini Bhalla on 25 March, 2010 Law Point: Welfare of Child is of Paramount importance, Custody Order not rigid and final, can be modified in the interest of child. Appellant(s) Vikram Vir Vohra Respondent(s) Shalini Bhalla GANGULY, J. JUDGEMENT 1. Leave granted. […]

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Civil Court Judgment Not Always Enough to Covict an Accused

Bombay High Court S.S. Parkar, J. Sulabha Pradip Vasa vs Pradip S/O Prabhulal Vasa & Others on 12 October, 1999 Law Point: Civil court judgment not binding on Criminal Court to convict the accused JUDGEMENT 1. This petition has been filed by the wife-original complainant challenging the order of acquittal of her husband and mother-in-law, […]

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Father taking care of children. Wife deserted husband. Divorce granted to Husband.

Court:MADRAS HIGH COURT Bench: JUSTICE M.M. Sundresh & Krishnan Ramasamy JAYANTHI Vs. SARAVANAN Law Point: Both children of parties stated that only appellant-mother deserted respondent-father and only father is taking care of them — Though appellant filed petition for restitution of conjugal rights and same was dismissed — Appellant filed appeal only against order, granting […]

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Madras HC Defines Ordinary Residence for Minor in Child Custody Matter

Madras High Court Justice Ratnam Bhagyalakshmi And Anr. vs K.N. Narayana Rao on 21 September, 1981 Law Point Ordinary Residence defined, Custody of minor child above 5 years, Jurisdiction Equivalent citations: AIR 1983 Mad 9 JUDGMENT 1. This is an appeal under Section 47 of the Guardians and Wards Act 1890, against the order in […]

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